Section 105C CrPC: Assistance in Attachment or Forfeiture of Property

1. Code:

Section 105C of the Code of Criminal Procedure, 1973

2. Explanation:

Section 105C empowers a Magistrate to direct any person, including a public servant, to provide assistance in the attachment or forfeiture of property involved in an offense. This provision aims to facilitate the process of recovering ill-gotten gains or proceeds of crime.

The Magistrate may issue a direction under this section if they believe that the person has:

• Information about the property
• Control over the property
• The ability to provide assistance in its attachment or forfeiture

The person directed to assist must comply with the Magistrate’s order. Failure to comply can result in legal consequences, including imprisonment or a fine.

3. Illustration:

Imagine a situation where a police investigation reveals that a bank account holds funds obtained through illegal activities. Under Section 105C, the Magistrate can direct the bank manager to provide information about the account holder, the account balance, and any recent transactions. This information would assist in attaching the account and preventing the accused from accessing the illegal proceeds.

4. Common Questions & Answers:

Q: What is the purpose of Section 105C?

A: To ensure that the authorities have the necessary assistance to attach or forfeit property involved in criminal activities.

Q: Can anyone be directed to assist under this section?

A: Yes, any person, including public servants, can be directed to assist.

Q: What are the consequences of non-compliance with a direction under Section 105C?

A: Non-compliance can lead to legal action, including imprisonment or a fine.