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Day: October 1, 2024

Section 105H – Code of Criminal Procedure, 1973

Forfeiture of property in certain cases (1) The Court may, after considering the explanation, if any, to the show-cause notice issued under section 105G and the material available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other […]

Section 105G – Code of Criminal Procedure, 1973

Notice of forfeiture of property (1) If as a result of the inquiry, investigation or survey under section 105D, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within […]

Section 105F – Code of Criminal Procedure, 1973

Management of properties seized or forfeited under this Chapter (1) The Court may appoint the District Magistrate of the area where the property is situated, or any other officer that may be nominated by the District Magistrate, to perform the functions of an Administrator of such property. (2) The Administrator appointed under sub-section (1) shall […]

Section 105E – Code of Criminal Procedure, 1973

Seizure or attachment of property (1) Where any officer conducting an inquiry or investigation under section 105D has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such […]

Section 105D – Code of Criminal Procedure, 1973

Identifying unlawfully acquired property (1) The Court shall, under sub-section (1), or on receipt of a letter of request under sub-section (3) of section 105C, direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property. (2) The steps referred to in sub-section […]

Section 105C – Code of Criminal Procedure, 1973

Assistance in relation to orders of attachment or forfeiture of property (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 […]

Section 105B – Code of Criminal Procedure, 1973

Assistance in securing transfer of persons (1) Where a Court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in […]

Section 105A – Code of Criminal Procedure, 1973

Definitions In this Chapter, unless the context otherwise requires,— (a)   “contracting State” means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise ; (b)   “identifying” includes establishment of a proof that the property […]

Section 105 – Code of Criminal Procedure, 1973

Reciprocal arrangements regarding processes (1) Where a Court in the territories to which this Code extends (hereafter in this section referred to as the said territories) desires that— (a)   a summons to an accused person, or (b)   a warrant for the arrest of an accused person, or (c)   a summons to any […]