Section 105D CrPC: Identifying Unlawfully Acquired Property in India

1. Code:

Section 105D of the Code of Criminal Procedure (CrPC), 1973

2. Explanation:

This section empowers a Magistrate to direct a person to provide an explanation for possession of property suspected to be acquired through unlawful means, such as theft, robbery, or other criminal activities. This provision aims to prevent the concealment or disposal of illegally acquired property and to facilitate its recovery.

3. Illustration:

Imagine a person is found in possession of a luxury car, but they cannot provide a satisfactory explanation for its acquisition. They claim they bought it for a discounted price, but cannot produce any supporting documents. In this situation, a Magistrate can invoke Section 105D to demand an explanation from the individual. If the explanation is found unsatisfactory, the Magistrate can order further investigation or even initiate legal proceedings.

4. Common Questions and Answers:

• Q: When can a Magistrate invoke Section 105D?
• A: When there is reasonable suspicion that a person is in possession of property acquired through unlawful means.
• Q: What happens if a person fails to provide a satisfactory explanation?
• A: The Magistrate can order further investigation or initiate proceedings under relevant sections of the Indian Penal Code.
• Q: What are the legal safeguards for the person being questioned?
• A: The person has the right to remain silent, the right to be represented by a lawyer, and the right to be informed of the allegations against them.