BNSS Section 115 : Law for Seizing Crime-Linked Property in India and Abroad.

---

Introduction to Section 115 BNSS / Law for Seizing Crime-Linked Property in India and Abroad

BNSS Section 115 (Bharatiya Nagarik Suraksha Sanhita, 2023) talks about how courts in India can take action to attach (freeze) or forfeit (confiscate) property that has been earned through crime. It also allows India to work with foreign countries (called contracting states) for help in such cases. This law is useful when criminals try to hide or shift their illegal property to another country.

---

---

What is BNSS Section 115 ?

BNSS Section 115 is a legal provision:

• Seize property that is gained through crime.
• Send or receive requests to/from foreign countries for attaching or forfeiting such property.
• Promote cooperation between India and other countries in dealing with criminal assets.
• Ensure that criminals do not benefit from their illegal earnings even if the property is in another country.

---

BNSS Section of 115 in Simple Points

1. Power of Indian Courts to Attach or Forfeit Property

Indian courts can order the attachment or forfeiture of property if they have valid reasons to believe that the property was gained through a criminal act. This means that if someone commits a crime and earns money or assets from it, the court can freeze or take away those assets to prevent the criminal from enjoying illegal profits.

2. Sending Request to Foreign Countries

If the property is not in India but in a foreign country with which India has a legal agreement (contracting state), the Indian court can send a letter of request. This letter is sent through proper legal channels asking the foreign court or authority to help seize or attach the property as per the Indian court’s directions.

3. When a Foreign Country Requests India

In the same way, if a foreign country sends a request to seize property located in India (which was earned through crime in that country), the Central Government can forward that request to an Indian court. The Indian court will then process and execute the request under BNSS sections 116 to 122 or other applicable Indian laws.

4. Applies to Both Movable and Immovable Property

BNSS Section 115 applies to all types of property — whether it is movable (cash, gold, cars) or immovable (houses, land, buildings). If the property is linked to crime, no matter where it is kept, legal action can be taken to attach or seize it, ensuring that crime does not pay.

5. Legal Cooperation with Contracting States

This section promotes international legal cooperation. India can work with countries that have signed legal agreements for mutual support in criminal matters. These agreements allow both sides to help each other in freezing or confiscating illegal property, making sure that criminals don’t hide their assets abroad to escape the law.

---

Section 115 of BNSS Overview

BNSS Section 115 allows Indian courts to act against properties that are earned directly or indirectly through criminal activities. If such property is found outside India, the court can send a formal request to the foreign country’s legal system. Similarly, if a foreign country requests help from India to seize illegal property here, the Indian government can allow the Indian court to take action. This section strengthens the fight against crime by ensuring global legal cooperation in property-related matters.

BNSS Section 115 – 10 Key Points

1. Legal Authority for Attachment or Forfeiture

BNSS Section 115 empowers Indian courts to issue orders to attach or forfeit property if there are strong reasons to believe it was acquired through crime. This ensures that criminals cannot keep illegal gains and supports justice by cutting off financial benefits from crime. The order must follow rules in Sections 116 to 122 of the BNSS.

2. Property Gained from Criminal Activity

The law applies to any kind of property (money, land, buildings, etc.) that is directly or indirectly obtained from a criminal act. Even if the property is not in the name of the accused or is hidden, the court can take action. The aim is to block criminals from using such property for further crime or personal gain.

3. Action When Property Is Abroad

If the property in question is suspected to be in another country (called a contracting State), the Indian court can send a letter of request to that country’s court or authority. This request asks them to help enforce the Indian court’s order to attach or take the property.

4. Role of Central Government

The Indian Central Government acts as the bridge between Indian courts and foreign authorities. If another country sends a letter of request to seize property in India, the Central Government can forward it to an Indian court for proper action as per the law.

5. Equal Treatment for Foreign Orders

A request from a foreign court is treated as valid as an order from an Indian court, as long as it relates to a crime and is backed by evidence. The Indian court will process the order under BNSS Sections 116 to 122 or other applicable Indian laws.

6. Focus on Reciprocal Legal Agreements

This provision only applies to countries that have formal legal agreements (treaties) with India — known as contracting States. These agreements allow both countries to help each other legally in criminal matters, including property seizure.

7. Protection Against Money Laundering

This section plays an important role in India’s fight against money laundering and corruption. By allowing foreign cooperation, the law helps stop criminals from hiding stolen or illegal wealth in other countries.

8. Covers Both Movable and Immovable Property

BNSS 115 applies to all types of property, including movable (like money, gold, vehicles) and immovable (like land or buildings). Whether the asset is in India or abroad, it can be legally attached or forfeited if it’s linked to crime.

9. Process Ensures Legal Safeguards

The process of attaching or forfeiting property follows proper legal procedures to ensure fairness. The person involved can present their case, and the court must be satisfied with the evidence before taking any final action.

10. Supports International Criminal Justice

This section strengthens global criminal justice cooperation by allowing the enforcement of legal decisions across borders. It prevents criminals from escaping punishment by hiding wealth in other countries and promotes justice for all.

Examples of BNSS Section 115

1. Example 1:
   A criminal in India earns money through drug trafficking and sends that money to buy property in a foreign country. The Indian court can send a letter of request to that foreign country to freeze or take control of the property using Section 115.
2. Example 2:
   A person commits a financial scam in another country and buys a house in India. That country sends a request to the Indian government for help. The Indian government forwards it to an Indian court, which then orders the seizure of the house as per Section 115.

---

Section 115 of BNSS Short Information

---

BNSS Section 115 FAQs

BNSS 115

---

Conclusion

BNSS Section 115 gives Indian courts the power to take away property earned through crime, even if it is kept in another country. It also allows India to cooperate with foreign nations by sending or receiving legal requests to seize such property. This section helps ensure that criminals cannot benefit from illegal earnings and that justice is served both in India and across borders.

---

Need Legal Support?

If you are dealing with court cases, marriage problems, or any other legal issue, our team at Marriage Solution – Lawyer Help is here for you. Simply fill out our quick online enquiry form, and we’ll connect you with the right legal expert to support your needs .

---

Finished with BNSS Section 115 ? Continue reading the next sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Each section is explained in easy words, with simple examples, so anyone can understand it clearly.

• Section 116 BNSS : Identifying Unlawfully Acquired Property.
• Section 117 BNSS : Seizure and Attachment of Property.
• Section 118 BNSS : Property Management After Seizure or Forfeiture .
• Section 119 BNSS : Court Procedure for Property Forfeiture .

Full BNSS Section List: https://marriagesolution.in/bnss_section-list/

Full BNS Section List: https://marriagesolution.in/bharatiya-nyaya-sanhita-section-list/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

---

Need Legal Help? Speak to an Experienced Lawyer Now.

Name *

Email Address *

Phone0 / 10

Text *

Select StateMaharashtraAndhra PradeshArunachal PradeshAssamBiharChhattisgarhGoaGujaratHaryanaHimachal PradeshJammu and KashmirJharkhandKarnatakaKeralaMadhya PradeshManipurMeghalayaMizoramNagalandOdishaPunjabRajasthanSikkimTamil NaduTelanganaTripuraUttar PradeshUttarakhandWest BengalSelect your State

Select District from MaharashtraSelect District from MaharashtraAhmednagarAkolaAmravatiAurangabadBeedBuldhanaChandrapurDhuleGadchiroliGondiaHingoliJalgaonJalnaKolhapurLaturMumbai CityMumbaiNagpurNandedNandurbarNashikOsmanabadPalgharParbhaniPuneRaigadRatnagiriSangliSataraSindhudurgSolapurThaneWardhaWashimYavatmalSelect District from Maharashtra

Select District from GujaratSelect District from GujaratAhmedabadAmreliAnandAravalliBanaskanthaBharuchBhavnagarBotadChhota UdaipurDahodDangDevbhoomi DwarkaGandhinagarGir SomnathJamnagarJunagadhKutchKhedaMahisagarMehsanaMorbiNarmadaNavsariPanchmahalPatanPorbandarRajkotSabarkanthaSuratSurendranagarTapiVadodaraValsad

Send Message

---