Provides mechanism for enforcing attachment or forfeiture orders involving property located outside India.
Strengthens recovery of criminal proceeds through international cooperation frameworks.
Introduction
Section 115 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) enables Indian courts to seek assistance from foreign jurisdictions for execution of orders relating to attachment or forfeiture of property connected with criminal offences. It also permits execution in India of similar requests received from foreign courts under reciprocal arrangements notified by the Central Government.
The provision ensures effective control over proceeds of crime located beyond territorial boundaries.
Objective of the Provision
The objectives of Section 115 BNSS are
- to facilitate attachment of property situated outside India
- to enable forfeiture of proceeds of crime located abroad
- to strengthen international cooperation in asset recovery
- to support enforcement of foreign attachment or forfeiture orders within India
The provision promotes effective tracing and recovery of illicit assets across jurisdictions.
Meaning / Concept
Attachment of Property Abroad
Attachment refers to temporary legal restraint imposed on property located in a foreign jurisdiction to prevent its transfer, concealment, or disposal during criminal proceedings in India.
Such attachment preserves property pending adjudication.
Forfeiture of Property
Forfeiture involves permanent confiscation of property connected with criminal activity after judicial determination. Section 115 enables enforcement of such orders through international cooperation mechanisms.
Reciprocal Legal Assistance
Execution of attachment or forfeiture orders outside India takes place through letters of request transmitted under reciprocal arrangements between governments.
Thus, the provision facilitates cross-border enforcement of property-related judicial orders.
Detailed Explanation of the Section
Section 115 BNSS provides that
- where an Indian criminal court issues an order for attachment or forfeiture of property located in a foreign country
- it may issue a letter of request to the competent authority in that country for execution of the order
Similarly
- where a foreign court issues a request relating to attachment or forfeiture of property located in India
- such request may be executed by Indian authorities through procedures prescribed under the Sanhita
The execution of such requests shall take place through
- the Central Government
- or authorities notified for this purpose
Key features include
- applicability to property located outside India
- involvement of Central Government in transmission of requests
- reciprocal execution of foreign attachment or forfeiture orders
- strengthening of asset recovery mechanisms
These safeguards ensure lawful enforcement of cross-border property orders.
Procedure or Legal Framework
The procedural framework under Section 115 BNSS generally includes
- identification of property connected with criminal offence
- issuance of attachment or forfeiture order by criminal court
- preparation of letter of request
- transmission through Central Government
- execution by competent foreign authority
- communication of compliance to issuing court
Similar procedures apply where foreign jurisdictions request enforcement within India.
Judicial Interpretation
Courts have emphasized the importance of international cooperation in tracing and recovering criminal assets located abroad.
In Ram Jethmalani v. Union of India (2011) 8 SCC 1, the Supreme Court highlighted the necessity of international mechanisms for recovery of illicit assets.
In State (CBI) v. Nalini (1999) 5 SCC 253, the Court recognized the importance of cross-border cooperation in investigation and enforcement proceedings.
In CBI v. V.C. Shukla 1998 Supp (3) SCC 410, the Supreme Court acknowledged the role of mutual legal assistance frameworks in securing property connected with offences across jurisdictions.
These decisions reinforce the procedural significance of Section 115 BNSS.
Importance of the Provision
Section 115 BNSS is important because
- it enables recovery of criminal property located abroad
- it prevents concealment of proceeds of crime outside India
- it strengthens enforcement of judicial orders across jurisdictions
- it supports international cooperation in criminal asset tracing
The provision plays a crucial role in combating transnational financial and economic offences.
Connection with Other Sections
Section 115 BNSS operates alongside related provisions governing reciprocal legal assistance
- Section 110 BNSS – Reciprocal arrangements regarding processes
- Section 111 BNSS – Definitions
- Section 112 BNSS – Letter of request to competent authority outside India
- Section 113 BNSS – Letter of request from foreign country for investigation in India
- Section 116 BNSS – Identified property subject to seizure or attachment
Corresponding Provision under Old Law
Section 115 BNSS corresponds to Section 105C of the Code of Criminal Procedure, 1973.
Illustrative Example
During investigation of a corruption case, an Indian court discovers that proceeds of crime have been transferred to a foreign country. The court issues a letter of request seeking attachment of the property located abroad. The foreign authority executes the request under reciprocal arrangements. This procedure complies with Section 115 BNSS.
Conclusion
Section 115 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a structured mechanism for securing assistance from foreign jurisdictions in execution of attachment or forfeiture orders relating to property connected with criminal offences. By enabling recovery of illicit assets across borders, the provision strengthens effectiveness of transnational criminal justice enforcement.
