Definition
Section 105A of the Code of Criminal Procedure, 1973 deals with definition. In this Chapter, unless the context otherwise requires,- (a) "contracting State" means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise; The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
In this Chapter, unless the context otherwise requires,-
(a) "contracting State" means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise;
(b) "identifying" includes establishment of a proof that the property was derived from, or used in the commission of an offence;
(c) "proceeds of crime" means any property derived or, obtained directly or indirectly, by any person as a result of criminal activity (including crime involving currency transfers) or the value of any such property;
(d) "property" means Property and sets of every descrip- tion whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets derived or used in the commission of an offence and includes property obtained through proceeds of crime;
(e) "tracing" mean determining the nature, source, dispo- sition, movement, title or ownership of property.
105B
Section 105A, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 111 Definitions Close, with changes 69%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Nevada Properties Pvt. Ltd. through Its Director LTD vs The State of Maharashtra Home Department S. H. O
Court's Decision & Legal Precedent
The expression 'any property' appearing in Section 102(1) of the Code of Criminal Procedure, 1973 does not include immovable property. A police officer does not have the power to attach, seize, and seal an immovable property under Section 102 of the Code. The word 'seize' in Section 102 means actual taking of possession which cannot be done with immovable property without dispossessing the occupant, which power is not conferred by Section 102. Immovable property disputes must be adjudicated by Civil Courts or through specialized statutory procedures like the Criminal Law Amendment Ordinance 1944 or Chapter VIIA of the Code. However, police may seize documents or papers of title relating to immovable property as this is distinct from seizure of the immovable property itself.
On this section: Introduced by Act 40 of 1993 - deals with reciprocal arrangements for assistance and procedure for attachment and forfeiture of property. Section 105A(d) defines 'property' to include movable and immovable property. Section 105C empowers courts (not police) to order attachment or forfeiture of property derived from commission of offence. This chapter shows Legislature's intent to provide separate mechanism for immovable property in criminal cases.
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State of M. P vs Balram Mihani
Court's Decision & Legal Precedent
Chapter VII-A of the Code of Criminal Procedure, 1973, provisions for attachment and forfeiture of property (Sections 105-A to 105-L) apply exclusively to offences that have international ramifications and involve reciprocal arrangements with contracting states as defined in Section 105-A(a), and do not apply to local offences committed within India such as gambling and ordinary offences under the Indian Penal Code. The proper interpretation requires reading the general language of Section 105-C(1) in the contextual background of the chapter's purpose as demonstrated by the Statement of Objects and Reasons, the legislative history, and the specific references throughout the chapter to contracting states and international criminal cooperation mechanisms.
On this section: Entire chapter interpreted to apply only to offences with international ramifications involving contracting states, not to local offences
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Ketan Ramanlal Doshi vs The State of Maharashtra
Court's Decision & Legal Precedent
Property owners are entitled to possession of their premises under Section 457 Criminal Procedure Code despite criminal proceedings against licensees, provided the application for sealing was made under an inapplicable legal provision. The proper legal framework for sealing premises in prostitution cases is Section 18(1) of the Immoral Traffic Prevention Act, not Section 105E Cr.P.C, which applies only to cases with reciprocal international arrangements. Licensees' rights are limited to contractual remedies under the Leave and License Agreement and cannot override the owner's fundamental property rights.
On this section: Analyzed by the court to determine the scope of Section 105E; Court found these provisions relate exclusively to attachment and forfeiture of property within and outside India where there are reciprocal arrangements with other countries
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 105A
What have the courts held on Section 105A of the Code of Criminal Procedure?
Nevada Properties Pvt. Ltd. through Its Director LTD vs The State of Maharashtra Home Department S. H. O (06 May 2022) is the leading judgment on this section among those set out below: Introduced by Act 40 of 1993 - deals with reciprocal arrangements for assistance and procedure for attachment and forfeiture of property. Section 105A(d) defines 'property' to include movable and immovable property. Section 105C empowers courts (not police) to order attachment or forfeiture of property derived from commission of offence. This chapter shows Legislature's intent to provide separate mechanism for immovable property in criminal cases. Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2010 to 2022.
How do I find court cases under Section 105A of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 105A, section 105A CRPC, section 105A of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Nevada Properties Pvt. Ltd. through Its Director LTD vs The State of Maharashtra Home Department S. H. O (06 May 2022).
What should I read with Section 105A of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 111 (Definitions), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 105A of the Code of Criminal Procedure come into force?
Section 105A of the Code of Criminal Procedure, cited as CRPC 105A, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.