Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 106: Power of police officer to seize certain property
(1) Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.
(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.
(3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court, or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation, he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same:
Provided that where the property seized under sub-section (1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provisions of sections 505 and 506 shall, as nearly as may be practicable, apply to the net proceeds of such sale.
Brefe Detail
This section empowers police officers to seize property suspected of being stolen or linked to a crime. It outlines the reporting process for seizures, including the need to inform a higher-ranking officer and the Magistrate. If property cannot be transported, officers can allow its custody under certain conditions. Additionally, property at risk of decay and valued under five hundred rupees can be sold quickly under specific guidelines.
Question & Answers
Q: What power do police officers have under Section 106?
A: Police officers can seize property suspected of being stolen or linked to a crime.
Q: What must a police officer do after seizing property?
A: The officer must report the seizure to their superior and the Magistrate with jurisdiction.
Q: What happens if the seized property cannot be transported?
A: The officer may allow custody of the property to a person who signs a bond to produce it when required.
Q: What is the procedure for property subject to speedy decay?
A: If the property is valued under five hundred rupees and the owner is unknown, it may be sold by auction under the Superintendent of Police's orders.
Example
1. A police officer finds a suspicious bag in a public area. Under Section 106, the officer can seize it if it appears to be stolen.
2. If a seized bicycle cannot be easily transported to court, the officer may allow a local resident to keep it under a bond, ensuring it is available for court proceedings.
Summary
Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023, grants police officers the authority to seize suspected stolen property, mandates prompt reporting to superiors and the court, and outlines procedures for handling property that cannot be transported. Additionally, it allows for the swift sale of decaying property valued under five hundred rupees.
