Criminal Procedure Law | Updated October 2026

Section 105D CrPC: Identifying Unlawfully Acquired Property

Section 105D of the Code of Criminal Procedure, 1973 deals with court-directed tracing and identification of property suspected to be derived from criminal activity. Its corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 116.

Current legal position: The BNSS came into force on 1 July 2024 and replaced the CrPC, subject to the repeal and savings provisions of Section 531 BNSS. For matters pending before commencement, the applicable transitional provisions must be examined.

What does Section 105D CrPC provide?

Section 105D is part of Chapter VIIA of the CrPC, dealing with reciprocal arrangements for assistance in certain matters and procedures for attachment and forfeiture of property. It authorises the court to direct a police officer of a specified minimum rank to trace and identify relevant property.

Subsection (1): Court direction to identify property

The court shall, acting under Section 105C(1) or on receiving a letter of request under Section 105C(3), direct a police officer not below the rank of Sub-Inspector to take all necessary steps to trace and identify the property. Under the BNSS, the corresponding cross-references are Sections 115(1) and 115(3).

Subsection (2): Scope of inquiry and investigation

Tracing and identification may involve inquiry, investigation or survey concerning a person, place, property, assets, documents, bank books of account, records of public financial institutions, or other relevant matters. This enables examination of ownership, financial records and transactions that may reveal the origin or movement of suspected criminal proceeds.

Subsection (3): Compliance with court directions

Any inquiry, investigation or survey under subsection (2) must be conducted by the officer described in subsection (1), in accordance with the directions issued by the court. The investigation is therefore subject to the court's directions and the applicable legal safeguards.

Section 116 BNSS: Corresponding current provision

Section 116 BNSS, titled Identifying unlawfully acquired property, substantially carries forward the three-part framework of Section 105D CrPC. It refers to Section 115 BNSS for attachment or forfeiture assistance and retains the minimum rank of Sub-Inspector for the officer directed by the court.

Read the official legislation on the India Code BNSS page or the Ministry of Home Affairs legislation page.

Meaning of important legal terms

Unlawfully acquired property

In this context, the expression refers to property suspected of having been derived or obtained, directly or indirectly, from the commission of an offence. The statutory process for identifying such property should be distinguished from a final judicial determination that it constitutes proceeds of crime.

Tracing

Under Section 105A CrPC and the corresponding definitions in Section 113 BNSS, tracing means determining the nature, source, disposition, movement, title or ownership of property.

Identifying

Identifying includes establishing proof that property was derived from, or used in, the commission of an offence.

Contracting State

A contracting State is a country or place outside India with whose government the Central Government has made arrangements through a treaty or otherwise, as provided in the relevant statutory definition.

How the property tracing procedure works

Judicial basis: The court acts under the statutory framework for attachment or forfeiture, including a qualifying foreign letter of request.
Officer authorised: A police officer not below Sub-Inspector rank receives the court's directions.
Tracing steps: The officer examines relevant people, locations, property and financial or documentary records as authorised.
Further proceedings: Where statutory conditions are met, the related provisions govern seizure or attachment, management, notice and forfeiture. Tracing alone does not automatically result in forfeiture.

Related provisions on attachment and forfeiture

Section 105C CrPC corresponds to Section 115 BNSS and concerns assistance relating to attachment or forfeiture orders. Section 105E CrPC corresponds to Section 117 BNSS and addresses seizure or attachment where property is at risk of concealment, transfer or disposal. Sections 118 to 122 BNSS deal with subsequent administration, notice, forfeiture, fine in lieu of forfeiture and certain transfers.

Frequently asked questions

Is Section 105D CrPC still applicable after 1 July 2024?

The BNSS replaced the CrPC from 1 July 2024, subject to Section 531 BNSS and other applicable transitional rules. Section 116 BNSS is the corresponding provision for the current statutory framework.

Can any police officer investigate under Section 116 BNSS?

The court must direct a police officer not below the rank of Sub-Inspector for the tracing and identification steps contemplated by this section.

Does identification of property automatically mean confiscation?

No. Identification and tracing are investigatory steps. Seizure, attachment and forfeiture depend on the conditions and procedures prescribed by the relevant provisions of law.

Official legal sources

Bharatiya Nagarik Suraksha Sanhita, 2023 - India Code
BNSS text - Bureau of Police Research and Development
Ministry of Home Affairs - Criminal procedure legislation

General legal information. Application of statutory provisions depends on the facts, relevant dates and judicial orders in each case.