Code: Section 106 BNSS
106.
(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 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such sale.
Explanation of Section 106 BNSS
Section 106 outlines the procedure for the seizure of property that is suspected to be stolen or linked to criminal activity. It emphasizes the responsibilities of the police officer regarding the handling, reporting, and custody of such seized property. It also addresses scenarios where the seized property is decaying or has little value, permitting a swift sale under certain conditions.
Key Provisions:
- Seizure of Suspected Property: Police officers have the authority to seize property that is suspected to be stolen or connected to a crime.
- Reporting the Seizure: The officer must report the seizure to their superior, and also to the relevant Magistrate.
- Handling Seized Property: In cases where the seized property cannot be transported or stored conveniently, the police officer can hand over custody to another person with a bond to produce it before the Court.
- Sale of Perishable Property: If the seized property is perishable and of low value, it may be sold by auction under the Superintendent of Police’s orders.
Illustration
Example 1: Seizure of Stolen Goods
A police officer finds a stolen car abandoned on the street. The officer seizes the car, reports the seizure to their superior, and then informs the Magistrate. Since the car cannot be conveniently transported, the officer hands it over to a local storage facility after having the owner of the facility sign a bond to ensure the car will be presented in Court.
Example 2: Sale of Perishable Goods
A police officer seizes a batch of perishable goods, such as fruits, which are suspected to be stolen. Since the goods are deteriorating and are worth less than five hundred rupees, the officer arranges for them to be sold at auction under the orders of the Superintendent of Police.
Common Questions and Answers on Section 106 BNSS
1. Can any police officer seize property under this section?
- Answer: Yes, any police officer can seize property that is suspected to have been stolen or is found under suspicious circumstances.
2. What should the police officer do if the property cannot be transported to the Court?
- Answer: The officer may transfer the custody of the property to another person, provided that the person executes a bond to ensure the property will be produced in Court when required.
3. What happens if the seized property is perishable?
- Answer: If the property is perishable, has a low value (less than five hundred rupees), and the rightful owner is unknown or absent, it may be sold at auction under the orders of the Superintendent of Police.
Conclusion
Section 106 of the BNSS ensures that the seizure of stolen or suspicious property is carried out in a structured manner. It provides clear guidelines on how such property should be handled, reported, and disposed of when necessary, ensuring transparency and efficiency in law enforcement practices.
