BNSS Section 111: Definitions for Reciprocal Arrangements for Attachment and Forfeiture of Property (CrPC 105A Mapping) (2026)

Explainer · Criminal Procedure · BNSS

Updated for 2026 · Claw Editorial

Section 111 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), in force since 1 July 2024, is a definitions section. It sets the meaning of the key terms used in the chapter on reciprocal arrangements with other countries and on attachment and forfeiture of the proceeds of crime. It replaced Section 105A of the Code of Criminal Procedure (CrPC). This is not, as some lists suggest, a section about security for good behaviour. This explainer sets out what Section 111 defines, why those definitions matter, and how it maps to the old law. Last verified October 2026.

01Clearing up the section number

Some section lists wrongly tag BNSS Section 111 as "security for good behaviour from suspected persons". That is the old Section 109 CrPC, which in the BNSS is now Section 128, not Section 111. The confusion comes from carrying old numbers straight across, which the BNSS renumbering does not allow.

Section 111 of the BNSS is in fact the first section of the chapter on reciprocal arrangements for assistance between India and other countries and on attachment and forfeiture of property. It is a definitions section, and it maps to the old Section 105A of the CrPC.

02What Section 111 defines

Section 111 gives the meaning of the terms used across this chapter. The confirmed definitions include:

• Contracting State: a country or place outside India with which the Central Government has made arrangements, through a treaty or otherwise.
• Identifying: establishing proof that property was derived from, or used in, the commission of an offence.
• Proceeds of crime: any property derived or obtained, directly or indirectly, by a person as a result of criminal activity (including crime involving currency transfers), or the value of any such property.
• Property and tracing: the chapter also defines what counts as property and what it means to trace property through dealings.

03Why the definitions matter

Definitions decide how far a power reaches. The phrase "proceeds of crime" is the hinge of the whole chapter, because attachment and forfeiture apply to property that answers that description. A wide definition that covers property obtained indirectly, and the value of such property, lets courts reach assets that have changed form or moved across borders.

The idea of a "contracting State" matters for cross-border help. The attachment, forfeiture and letter of request machinery works where India has reciprocal arrangements with another country, so the definition sets the gateway for international cooperation in criminal matters.

04Old to new: CrPC 105A to BNSS 111

Section 105A of the CrPC was the definitions section for the equivalent chapter. It is now Section 111 of the BNSS. The structure of the chapter is carried over.

The incoming letter of request, which lets a foreign court ask India for help in an investigation, is the next step in this chapter and is explained in Section 113 of the BNSS.

05Is it an offence? Classification

Section 111 does not create an offence. It is a definitions section, so there is no cognizable, bailable or triable label to apply to it, and it carries no punishment.

The attachment and forfeiture powers in the rest of the chapter are themselves procedural. They act on property, not on a person by way of sentence, so the usual offence labels are not the right lens for this chapter.

06What changed from the old law

For the definitions, the main change is the number and the tidier placement of the chapter. The core terms carry forward from Section 105A of the CrPC, so the earlier understanding of "proceeds of crime" and "contracting State" still guides how Section 111 is read.

The practical lesson is to use the new chapter map. The incoming request mechanism now sits in Section 113 of the BNSS, and the whole chapter should be read together.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Attachment and forfeiture of the proceeds of crime, and cross-border assistance, come up in heavy economic and criminal matters that run for years and keep going on appeal. Claw lets you follow them across 9,102 courts, benches and forums and more than 30 crore judgments, by provision or by the name of a party or advocate, with results in under five seconds. So you can see how the courts have read the meaning of proceeds of crime or used the attachment power, or watch a live matter as it moves.

Claw does not use customer documents to train its AI models, so the files behind a sensitive forfeiture matter stay private. Open a free Claw account to search and track these cases, and for the wider body of law, see case search across Indian courts.

08Sources and further reading

• India Code (official text of the BNSS, 2023): indiacode.nic.in
• Section 111, BNSS (bare text): advocatekhoj.com
• Section 105A, CrPC (old provision): devgan.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

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