BNSS Section 115 vs CrPC Section 105C Comparison


Introduction

The Indian legal system is undergoing one of its most significant transitions with the replacement of the Code of Criminal Procedure (CrPC), 1973, by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Among the many provisions that have been restructured, one area that stands out is the law governing international cooperation in criminal matters, particularly concerning property forfeiture and attachment of assets derived from unlawful activity.

The core focus of this article is to analyze BNSS Section 115 vs CrPC Section 105C. This comparison highlights the shift from a broad, generalized framework to a more precise, enforceable, and globally aligned mechanism. For legal practitioners, law enforcement agencies, and scholars, understanding the nuances of BNSS Section 115 vs CrPC Section 105C is vital. This detailed study will dissect the procedural, substantive, and practical implications of the legislative transition.

The Predecessor: Understanding CrPC Section 105C

Scope and Function of Section 105C

Section 105C of the CrPC was originally introduced to facilitate cooperation between India and foreign jurisdictions. Its scope was broad—it allowed Indian courts and the government to act upon letters of request received from foreign courts or to issue such requests in matters involving persons, property, or evidence.

However, the provision lacked specific focus on the attachment or forfeiture of property acquired through criminal means. It was seen more as a general tool for mutual legal assistance rather than a sharp instrument targeted at proceeds of crime. This ambiguity often made enforcement challenging, especially when dealing with cross-border financial crimes or terrorism-related funding.

In the context of BNSS Section 115 vs CrPC Section 105C, this limitation is a crucial point. Practitioners frequently noted that Section 105C created room for interpretational issues, leading to procedural delays. The older law set the stage for reform and shaped the foundation for the new approach under BNSS. This background is key to any BNSS Section 115 vs CrPC Section 105C debate.

The New Framework: A Deep Dive into BNSS Section 115

Enhanced Clarity and Specificity

With the introduction of BNSS in 2023, the Indian legislature aimed to modernize criminal procedures in line with global standards. BNSS Section 115 is a prime example of this shift. It is more streamlined, specific, and targeted compared to its predecessor.

Breaking it down:

  • Sub-section (1): Grants Indian courts the power to order the attachment or forfeiture of property derived from an offense. The language is unambiguous—“property derived or obtained from the commission of an offence.” This specificity is a decisive upgrade in the BNSS Section 115 vs CrPC Section 105C comparison.

  • Sub-section (2): Clearly lays down the procedure for issuing a “letter of request” to a contracting State. This provides a direct pathway for India to seek international cooperation in freezing or forfeiting criminal assets abroad. This aspect strengthens India’s hand in the BNSS Section 115 vs CrPC Section 105C discussion.

  • Sub-section (3): Details the reciprocal mechanism, where India can execute similar requests received from other contracting States. This reciprocal arrangement signifies stronger international collaboration.

Unlike the vague language of Section 105C, Section 115 offers clarity, precision, and enforceability. Its practical design addresses the shortcomings of the CrPC and positions India as a more effective partner in global crime-fighting networks. From the standpoint of BNSS Section 115 vs CrPC Section 105C, the new section marks a significant legislative leap.

The Definitive Comparison: BNSS Section 115 vs CrPC Section 105C

The crux of the analysis lies in a direct comparison. Below is a structured table for clarity:

FeatureCrPC Section 105CBNSS Section 115
Primary FocusGeneral assistance in criminal matters.Specific to attachment/forfeiture of property from crime.
Clarity on ScopeBroad, less defined, often ambiguous.Highly specific, clearly outlining asset forfeiture.
“Letter of Request”Mentioned generally, no detailed procedure.Explicitly defined for sending and receiving requests.
Role of GovernmentCentral Govt. acted as forwarding authority only.Clearly defined forwarding and executing authority.
International AngleBased on treaties/arrangements, often unclear.Uses term “contracting State,” aligning with modern treaties.
Legal ForceConsidered complex and procedural.Streamlined with direct execution references (Sections 116–122).

This table underscores the legislative evolution. The BNSS Section 115 vs CrPC Section 105C comparison reveals that India has moved from a generic assistance provision to a specific legal tool against proceeds of crime.

The practical implication is straightforward: enforcement agencies now have a stronger legal basis to trace, freeze, and confiscate criminal assets, whether within India or abroad. In the BNSS Section 115 vs CrPC Section 105C showdown, BNSS clearly emerges as the more robust, efficient, and globally compatible statute.

For practitioners, this means fewer hurdles in executing international requests. For the judiciary, it offers a more precise statute to interpret. For policymakers, it signals India’s readiness to participate in modern international legal cooperation frameworks. The outcome of BNSS Section 115 vs CrPC Section 105C is a decisive upgrade favoring stronger procedural tools.

Implications for International Criminal Justice

The transition from CrPC to BNSS has far-reaching implications. Cross-border crimes—ranging from money laundering to terrorism financing—require strong legal mechanisms for asset forfeiture. By enacting Section 115, India has signaled a proactive stance in international criminal justice.

In practical terms, the BNSS Section 115 vs CrPC Section 105C evolution equips Indian authorities to respond faster and more effectively to requests from foreign jurisdictions. It also ensures reciprocity, which enhances trust between India and its global partners. The broader message is that India is aligning with international best practices.

The outcome of the BNSS Section 115 vs CrPC Section 105C debate clearly favors Section 115 as a modern legal framework capable of tackling contemporary global challenges.

Also read: BNSS Section 110

Conclusion

The transition from CrPC Section 105C to BNSS Section 115 is not just a technical shift—it is a fundamental upgrade in India’s approach to international criminal cooperation.

This detailed analysis of BNSS Section 115 vs CrPC Section 105C shows how the new law addresses the ambiguity, lack of clarity, and procedural hurdles of its predecessor. The BNSS provides sharper legal tools for asset forfeiture, aligning India with global standards.

For legal professionals, the BNSS Section 115 vs CrPC Section 105C comparison is mandatory reading in 2025. The BNSS demonstrates a clear legislative intent to strengthen international cooperation and ensure that crime does not pay, regardless of borders. This evolution reflects India’s modern, forward-looking approach to criminal justice.

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