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
- 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. - 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
| Key Point | Explanation |
|---|---|
| 1. Property earned through crime | Indian courts can attach/forfeit property linked to criminal acts. |
| 2. Property in foreign countries | Courts can send requests to other nations to seize such property. |
| 3. Foreign requests accepted | If another country asks for help, India can act through its courts. |
| 4. All types of property covered | Movable and immovable properties can be attached or confiscated. |
| 5. Legal cooperation with nations | Section 115 encourages international help in fighting crime-related assets. |
BNSS Section 115 FAQs
BNSS 115
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