Criminal Procedure | Property Attachment

Section 105E CrPC: Seizure or Attachment of Property

Section 105E of the Code of Criminal Procedure, 1973 governed seizure or attachment of property at risk of concealment, transfer or disposal during an inquiry under Section 105D. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 117.

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to the savings and transitional provisions in Section 531 BNSS. Section 117 BNSS is the corresponding provision for seizure or attachment in this context. The applicable law in a particular pending matter requires examination of Section 531 and the procedural history.

Text of Section 105E CrPC

105E. Seizure or attachment of property

(1) Where any officer conducting an inquiry or investigation under section 105D has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.

(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.

Meaning and scope of Section 105E

Section 105E formed part of Chapter VIIA of the CrPC, dealing with reciprocal arrangements for assistance in certain matters and procedures concerning attachment and forfeiture of property. It was not a general power to seize any property in every criminal case; it operated in connection with an inquiry or investigation under Section 105D.

Section 105E(1): When seizure or attachment is permitted

An officer conducting the relevant inquiry or investigation must have reason to believe that the property may be concealed, transferred or otherwise dealt with so as to result in its disposal. The provision permits seizure; if seizure is impracticable, the officer may order attachment. An attachment restricts transfer or other dealings without the issuing officer's prior permission. A copy of the order must be served on the person concerned.

Section 105E(2): Court confirmation within 30 days

The officer's order has no effect unless confirmed by the court referred to in the provision within 30 days after the order is made. This is an express statutory safeguard. An officer's order alone does not satisfy the requirement of judicial confirmation.

Corresponding law: Section 117 BNSS, 2023

Section 117 BNSS substantially carries forward Section 105E CrPC. The relevant preceding provision is now Section 116 BNSS (identifying unlawfully acquired property), corresponding to Section 105D CrPC. Section 117(1) authorises seizure or, where impracticable, attachment in the specified circumstances; Section 117(2) retains the requirement of court confirmation within 30 days.

The BNSS also contains related provisions on management of seized or forfeited property (Section 118), notice of forfeiture (Section 119) and forfeiture in certain cases (Section 120). These provisions must be read together where relevant.

Practical legal considerations

Identify the source of power: Confirm that the inquiry or investigation falls within Section 105D CrPC or Section 116 BNSS, as applicable.
Check the recorded basis: The officer must have reason to believe the property is at risk of concealment, transfer or disposal.
Check service: The statute requires a copy of the seizure or attachment order to be served on the person concerned.
Verify confirmation: Examine whether the competent court confirmed the order within the statutory 30-day period.
Review transitional law: For older proceedings, assess the repeal and savings rule under Section 531 BNSS before deciding which procedural law applies.

Official statutory references

Read the Code of Criminal Procedure, 1973 (official India Code PDF) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (Bureau of Police Research and Development PDF). For the operative legislation and amendments, consult the official statutory publications.

Updated: 17 October 2026. This article is for general legal information and does not substitute for advice based on the facts and records of a particular case.