Section 105D CrPC: Identifying Unlawfully Acquired Property

Section 105D of the Code of Criminal Procedure, 1973 formed part of Chapter VIIA, which dealt with reciprocal arrangements for assistance in certain matters and the procedure for attachment and forfeiture of property. The provision empowered the Court to direct a police officer not below the rank of Sub-Inspector to take necessary steps for tracing and identifying property in proceedings connected with Section 105C.

Text of Section 105D of the Code of Criminal Procedure, 1973

Meaning of Important Expressions Under Section 105A

Section 105D has to be read with the definitions in Section 105A CrPC. For this procedure, the following expressions are particularly important:

• Identifying: includes establishing proof that the property was derived from, or used in, the commission of an offence.
• Proceeds of crime: means 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: covers property and assets of every description, including corporeal or incorporeal, movable or immovable, tangible or intangible property, as well as deeds and instruments evidencing title to or interest in such property or assets derived from or used in the commission of an offence, and includes property obtained through proceeds of crime.
• Tracing: means determining the nature, source, disposition, movement, title or ownership of property.

How Section 105D CrPC Operated

The process under Section 105D was court-directed. Where the statutory conditions connected with Section 105C were met, the Court could direct a police officer of at least the rank of Sub-Inspector to trace and identify the relevant property. The investigating steps were therefore tied to the Court's directions and to the property-related assistance mechanism in Chapter VIIA.

1. Direction by the Court

The authority to commence the tracing and identification exercise under Section 105D arose through a direction of the Court. The provision referred to action under Section 105C(1) and to a letter of request received under Section 105C(3).

2. Minimum rank of the police officer

The Court's direction had to be addressed to a police officer not below the rank of Sub-Inspector of Police. The officer was required to take the steps necessary for tracing and identifying the property.

3. Scope of inquiry, investigation or survey

Section 105D(2) gave a broad procedural scope to the tracing exercise. It could extend to a person, place, property, assets, documents, books of account maintained with a bank or public financial institution, and other relevant matters.

4. Compliance with Court directions

Under Section 105D(3), the inquiry, investigation or survey had to be carried out by the officer referred to in sub-section (1) and in accordance with the directions issued by the Court.

Connection With Sections 105C and 105E

Section 105C CrPC dealt with assistance in relation to orders of attachment or forfeiture of property. Section 105D supplied the mechanism for tracing and identifying the property concerned. Where the statutory requirements were satisfied, Section 105E CrPC separately dealt with seizure or attachment of property.

CrPC After 1 July 2024

The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and repealed the Code of Criminal Procedure, 1973. Section 531 BNSS contains repeal and savings provisions. Among other matters, it preserves the application of the former CrPC to specified appeals, applications, trials, inquiries and investigations that were pending immediately before commencement of the BNSS. Accordingly, Section 105D CrPC can remain relevant when a matter falls within the statutory savings.

Note: This page explains the CrPC provision and its pre-BNSS operation for legal reference. The application of repeal and savings provisions depends on the facts and procedural stage of the particular matter.