Section 115 BNSS: Assistance in Relation to Attachment or Forfeiture of Property

Section 115 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a reciprocal mechanism for attachment or forfeiture of property connected with criminal activity. It allows an Indian Court to act against property derived or obtained from the commission of an offence and also enables execution of such orders in a contracting State. It further provides a route for India to act on a foreign request concerning property located in India.

Section 115 - Assistance in relation to orders of attachment or forfeiture of property

115. (1) Where a Court in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 116 to 122 (both inclusive).

(2) Where the Court has made an order for attachment or forfeiture of any property under sub-section (1), and such property is suspected to be in a contracting State, the Court may issue a letter of request to a Court or an authority in the contracting State for execution of such order.

(3) Where a letter of request is received by the Central Government from a Court or an authority in a contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly or indirectly, by any person from the commission of an offence committed in that contracting State, the Central Government may forward such letter of request to the Court, as it thinks fit, for execution in accordance with the provisions of sections 116 to 122 (both inclusive) or, as the case may be, any other law for the time being in force.

Purpose of Section 115 BNSS

The provision is designed to prevent property connected with criminal activity from escaping legal action merely because it is located outside the country where the offence is investigated or prosecuted. It creates reciprocal judicial assistance between India and a contracting State for attachment and forfeiture orders.

When Can an Indian Court Order Attachment or Forfeiture?

Reasonable grounds to believe

Under Section 115(1), an Indian Court must have reasonable grounds to believe that property obtained by a person is derived or obtained, directly or indirectly, from the commission of an offence. When that threshold is met, the Court may make an order of attachment or forfeiture as it considers appropriate under Sections 116 to 122 BNSS.

Meaning of Attachment and Forfeiture

In this context, attachment is a legal restraint placed on property so that it cannot be freely dealt with while proceedings continue. Forfeiture is the legal loss or divesting of rights in property in accordance with the statutory procedure. Section 115 operates together with Sections 116 to 122, which deal with tracing, seizure or attachment, management, notice, forfeiture, fine in lieu of forfeiture and certain transfers.

Property Located in a Contracting State

If an Indian Court has already made an attachment or forfeiture order and the property is suspected to be in a contracting State, Section 115(2) permits the Court to issue a letter of request to a competent Court or authority in that State for execution of the order.

Foreign Request Concerning Property in India

Section 115(3) deals with the reverse situation. If the Central Government receives a letter of request from a competent Court or authority in a contracting State seeking attachment or forfeiture of property in India that is linked to an offence committed in that State, the Central Government may forward the request to an appropriate Court in India.

The Indian Court may then execute the request under Sections 116 to 122 BNSS or, where applicable, under another law for the time being in force.

Meaning of Contracting State

Under Section 111 BNSS, a "contracting State" means a country or place outside India in respect of which arrangements have been made by the Central Government with the Government of that country through a treaty or otherwise.

Related Property Provisions Under Sections 116 to 122

Section 116 - Identifying unlawfully acquired property.
Section 117 - Seizure or attachment of property.
Section 118 - Management of properties seized or forfeited under the Chapter.
Section 119 - Notice of forfeiture of property.
Section 120 - Forfeiture of property in certain cases.
Section 121 - Fine in lieu of forfeiture.
Section 122 - Certain transfers to be null and void.

Connection with Sections 112 to 114 BNSS

Section 112 deals with obtaining evidence outside India, Section 113 covers foreign requests for investigation in India, and Section 114 concerns securing attendance or transfer of persons. Section 115 extends this reciprocal assistance framework to attachment and forfeiture of property.

Corresponding Provision Under the Code of Criminal Procedure, 1973

Section 115 BNSS substantially corresponds to Section 105C of the Code of Criminal Procedure, 1973, which dealt with assistance in relation to orders of attachment or forfeiture of property.

Current Legal Status

The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024, except for the notified entry in the First Schedule relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023. Section 115 is therefore part of the operative BNSS framework.

Official Legal Sources

For authoritative statutory material and official government information, readers may consult India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws.

Last reviewed: 10 September 2026.