Section 105A CrPC: Definitions under Chapter VIIA
Section 105A of the Code of Criminal Procedure, 1973 defined key expressions used in Chapter VIIA, which dealt with reciprocal arrangements for assistance in certain matters and the procedure for attachment and forfeiture of property.
Purpose and scope of Section 105A CrPC
Chapter VIIA created a framework for cooperation with a foreign country or place with which the Central Government had made arrangements, whether by treaty or otherwise. Section 105A supplied the definitions used throughout that Chapter. These definitions are important when reading the later provisions on transfer of persons, identification of unlawfully acquired property, seizure, attachment, management and forfeiture.
Definitions under Section 105A
Contracting State
A "contracting State" meant a country or place outside India in respect of which the Central Government had made arrangements with its Government through a treaty or otherwise. The definition identified the foreign jurisdictions with which the reciprocal-assistance machinery of Chapter VIIA could operate.
Identifying
"Identifying" included establishing proof that property was derived from, or used in, the commission of an offence. The expression therefore covered the evidentiary process of connecting property with criminal activity.
Proceeds of crime
"Proceeds of crime" meant 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 such property.
Property
"Property" was defined broadly to cover property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible. It also included deeds and instruments evidencing title to or an interest in property or assets derived from or used in the commission of an offence, as well as property obtained through proceeds of crime.
Tracing
"Tracing" meant determining the nature, source, disposition, movement, title or ownership of property. This definition supported the investigative steps contemplated by the succeeding provisions of Chapter VIIA.
Relationship with the other provisions of Chapter VIIA
The definitions in Section 105A were not standalone offences or independent powers. They supplied meaning to expressions used in Sections 105B to 105L. For example, the concepts of identifying, tracing, proceeds of crime and property informed the provisions dealing with identification, seizure, attachment and forfeiture of property.
Legislative history
Chapter VIIA, including Section 105A, was inserted by the Code of Criminal Procedure (Amendment) Act, 1993 (Act 40 of 1993) with effect from 20 July 1994. The provision should therefore be read in the context of the reciprocal legal-assistance and property-forfeiture scheme introduced by that amendment.
Position before implementation of BNSS
For the period governed by the Code of Criminal Procedure, 1973, Section 105A supplied the controlling definitions for Chapter VIIA. From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 became the principal criminal procedure legislation, subject to its statutory transition and saving provisions. Accordingly, the date and nature of the proceeding should be checked before relying on the CrPC provision.