Section 105J CrPC - Certain Transfers to Be Null and Void
Section 105J of the Code of Criminal Procedure, 1973 formed part of the provisions dealing with reciprocal arrangements for assistance in certain matters and with attachment and forfeiture of property. The section addressed what happens when property covered by an attachment order or forfeiture notice is transferred after the statutory process has begun.
Text of Section 105J CrPC
Where after the making of an order under sub-section (1) of section 105E or the issue of a notice under section 105G, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 105H, then, the transfer of such property shall be deemed to be null and void.
Meaning and Scope of Section 105J
Section 105J prevented a transfer of property from defeating proceedings for attachment and forfeiture under the relevant Chapter of the CrPC. Once the statutory stage specified in the section had been reached, a later transfer of the affected property could not be used to take that property outside the forfeiture process.
The provision operated in two stages. First, a transfer made after an order under Section 105E(1) or after the issue of a notice under Section 105G was to be ignored for the purposes of proceedings under the Chapter. Second, if the property was subsequently forfeited to the Central Government under Section 105H, the transfer was deemed null and void.
Sections Referred to in Section 105J
| Provision | Subject | Relevance to Section 105J |
|---|---|---|
| Section 105E CrPC | Seizure or attachment of property | An order under Section 105E(1) is one of the events after which a transfer of the specified property is ignored for proceedings under the Chapter. |
| Section 105G CrPC | Notice of forfeiture of property | The issue of a notice under Section 105G is the other statutory event identified by Section 105J. |
| Section 105H CrPC | Forfeiture of property in certain cases | If the property is subsequently forfeited under Section 105H, the post-order or post-notice transfer is deemed null and void. |
Key Legal Effect
- The section applies to property referred to in an order under Section 105E(1) or a notice under Section 105G.
- It covers a transfer by any mode whatsoever after the relevant order or notice.
- The transfer is ignored for the purposes of proceedings under the Chapter.
- If the property is later forfeited to the Central Government under Section 105H, the transfer is deemed null and void.
- The provision therefore preserves the effectiveness of attachment and forfeiture proceedings despite a later transfer of the property.
Relationship with the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC with effect from 1 July 2024, subject to its repeal and savings provisions. The corresponding provision is Section 122 BNSS, titled "Certain transfers to be null and void." It refers to Section 117(1) for seizure or attachment, Section 119 for notice of forfeiture, and Section 120 for forfeiture of property.
For matters governed by the CrPC before the commencement of the BNSS, the applicable transitional and savings provisions should be checked with the facts and procedural stage of the particular case. For current proceedings, the BNSS and any applicable savings provision should be consulted.
Official Legal Sources
For authoritative statutory text, refer to the India Code portal and the Ministry of Home Affairs - New Criminal Laws. The wording reproduced above should be read with the complete Act and applicable amendments, notifications and judicial decisions.
Note: This page is a legal information resource and should not be treated as a substitute for advice on the facts of a particular case.