Indian courts can directly seize property located in a foreign country.

They cannot physically act abroad; they must send a formal 'letter of request' to that country's court or authority, which decides whether to execute the order under its own laws.

This section applies to any foreign country automatically.

It only applies to 'contracting States'—countries that have a relevant agreement or arrangement with India for such cooperation.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 115

Assistance in relation to orders of attachment or forfeiture of property

(1) Where a Court in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 116 to 122§

(both inclusive).§

(2) Where the Court has made an order for attachment or forfeiture of any property under sub-section (1), and such property is suspected to be in a contracting State, the Court may issue a letter of request to a Court or an authority in the contracting State for execution of such order.§

(3) Where a letter of request is received by the Central Government from a Court or an authority in a contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly or indirectly, by any person from the commission of an offence committed in that contracting State, the Central Government may forward such letter of request to the Court, as it thinks fit, for execution in accordance with the provisions of sections 116 to 122 (both inclusive) or, as the case may be, any other law for the time being in force.§

Why this exists

Crime proceeds, especially from organized crime, corruption, and financial fraud, often move across borders or get converted into property abroad. Older Indian criminal procedure law had no clear mechanism for courts to freeze suspect property or to cooperate internationally on this. This section, introduced in the BNSS (2023) replacing the old CrPC, creates a structured process—mirroring international mutual legal assistance practices—so India can both act domestically against crime-derived property and cooperate with 'contracting States' (countries with reciprocal treaty arrangements) to trace and seize such assets wherever they are.

Common misconceptions

Myth: Indian courts can directly seize property located in a foreign country.
Fact: They cannot physically act abroad; they must send a formal 'letter of request' to that country's court or authority, which decides whether to execute the order under its own laws.
Myth: This section applies to any foreign country automatically.
Fact: It only applies to 'contracting States'—countries that have a relevant agreement or arrangement with India for such cooperation.