Section 115 of Bharatiya Nagarik Suraksha Sanhita

When someone commits a crime and profits from it, the law doesn’t just punish them it also takes away what they gained. That’s exactly what Section 115 of Bharatiya Nagarik Suraksha Sanhita is designed to do. It gives Indian courts the power to attach or forfeit property that is directly or indirectly derived from a criminal offence. Think of it as the legal system saying: “You don’t get to keep what you stole.”

This provision is part of the BNSS 2023, which replaced the old Code of Criminal Procedure (CrPC). The section works in three clear directions domestic court action, outbound international requests, and inbound foreign cooperation. Together, these three sub-sections create a complete framework for criminal asset recovery in India, both locally and across borders.

Related post: Section 303 of Bharatiya Nyaya Sanhita (BNS) 2023

Understanding the Three Sub-Sections in Plain Language

Sub-section (1) deals with what happens inside India. If a court has reasonable grounds to believe that someone’s property came from criminal activity directly or indirectly it can issue an attachment or forfeiture order. The phrase “directly or indirectly” is important here. It means courts can go after laundered money too, not just the original crime proceeds. The actual procedure for carrying out these orders is laid out in sections 116 to 122 of the BNSS.

Sub-section (2) handles situations where the property is outside India. If an Indian court has already ordered attachment or forfeiture but suspects the assets are sitting in a foreign contracting state, it can send a Letter of Request to that country’s court or authority. This is how India reaches across borders to recover criminal assets that have been moved abroad. It’s a practical tool without it, criminals could simply transfer money overseas and escape justice.

Sub-section (3) works the other way around. When a foreign contracting state sends a request to India asking for the attachment or forfeiture of property located here, the Central Government receives that request and forwards it to the appropriate court. The court then acts in accordance with sections 116 to 122 or any other applicable law. This makes India a cooperative partner in international criminal asset recovery, not just a domestic enforcer.

What is a “Contracting State” and Why Does It Matter?

You might be wondering what exactly is a contracting state? Simply put, it’s a country with which India has a formal legal agreement, usually in the form of a Mutual Legal Assistance Treaty (MLAT). These treaties allow two countries to share evidence, enforce each other’s court orders, and cooperate on criminal investigations. Section 115 only applies to such states it doesn’t give Indian courts unlimited global reach.

This limitation is intentional and smart. It ensures that international cooperation happens within a structured, agreed-upon legal framework. Without this condition, foreign governments could potentially make arbitrary requests, and Indian courts would have no basis to evaluate them. The contracting state requirement brings order and legitimacy to cross-border asset forfeiture. It also aligns India with global standards set by instruments like the UN Convention Against Corruption (UNCAC) and the UN Convention Against Transnational Organized Crime (UNTOC).

How Does This Section Fit Into India’s Broader Asset Recovery Framework?

Section 115 doesn’t operate alone it’s the gateway. It sets up the conditions and authority for attachment or forfeiture, while sections 116 to 122 explain the step-by-step legal process. Together, they form the backbone of India’s property attachment law in criminal cases under the BNSS 2023.

Before this, the CrPC had limited provisions for cross-border asset tracing and seizure. The BNSS significantly modernises this framework. It recognises the reality that criminals today don’t keep their money in one place. They move it, layer it, and hide it across jurisdictions. Section 115 directly addresses this challenge by enabling both outgoing and incoming international forfeiture requests something India increasingly needs as financial crimes grow more sophisticated.

The Role of the Central Government in Foreign Requests

One of the most interesting aspects of sub-section (3) is the role of the Central Government. When a foreign court sends a request for attachment or forfeiture, it doesn’t go directly to a court it goes to the Central Government first. The government then decides which court to forward it to, based on where the property is located and what laws apply.

This two-step process serves an important purpose. It acts as a filter and coordination mechanism. Not every foreign request will be straightforward some may involve complex jurisdictional questions or diplomatic considerations. By routing requests through the Central Government, the law ensures that these matters are handled with proper oversight. It also preserves India’s sovereignty while still enabling genuine international cooperation in criminal cases.

Why “Directly or Indirectly” Is a Powerful Legal Phrase

Let’s talk about that phrase again “directly or indirectly.” In practice, this is what makes the provision effective against modern financial crime. Criminals rarely hold stolen money in its original form. They buy property, invest in businesses, or transfer funds through shell companies. All of these are indirect proceeds of the original offence.

By including both direct and indirect proceeds, Section 115 ensures that the law covers the full chain of illegal enrichment. A person can’t simply launder money through three companies and claim the resulting property is “clean.” Courts can trace the origin and still order forfeiture. This is consistent with how asset tracing and seizure law works globally and it’s a crucial feature of any serious criminal asset recovery regime.

Conclusion

Section 115 of Bharatiya Nagarik Suraksha Sanhita is more than just a procedural provision it’s a statement of intent. It tells criminals clearly that committing an offence won’t just result in punishment but also in the loss of everything gained from it. Whether the property is in India or hidden abroad, the law has a mechanism to reach it.

What makes this section particularly significant is its international dimension. By enabling both outbound and inbound cooperation with contracting states, it positions India as a responsible and active participant in global criminal asset recovery. As financial crimes become more complex and borderless, provisions like Section 115 become increasingly vital and the BNSS 2023 deserves credit for building this framework into India’s core criminal procedure law.