BNSS Section 106: Power Of Police Officer To Seize Certain Property
To accompany rights of authorities in their role of cracking cases and serving justice, the Bharatiya Nagarik Suraksha Sanhita (BNSS) in section 106 further mentions the power of police officer to seize certain property. Here is a review:
Code:
1. Authority to Seize:
Under grounds of suspicion or connection to offense by police officers.
2. Reporting to Superior Officer:
– If the police officer is subordinate to the officer in charge of a police station, they must immediately report the seizure to that officer.
3. Reporting to Magistrate and Custody Arrangements:
– Every police officer acting under sub-section (1) must promptly report the seizure to the Magistrate having jurisdiction.
If the officer cannot conveniently transport the seized property to the Court, secure proper accommodation for its custody, or finds its retention in police custody unnecessary for investigation, they may take appropriate action.
– The officer may give custody of the property to any person who executes a bond, undertaking to produce the property before the Court as required and to comply with the Court’s further orders regarding its disposal.
4. Special Provisions for Perishable Property:
– If the property seized under sub-section (1) is subject to speedy and natural decay, and if the person entitled to its possession is unknown or absent, and the value of the property is less than five hundred rupees:
The Superintendent of Police may order the immediate sale of the property by auction.
The provisions of sections 503 and 504 shall apply as nearly as practicable to the net proceeds of such sale.
Explanation:
Power Of Police Officer To Seize Certain Property
This section empowers police officers to seize property that is suspected to be stolen or related to the commission of an offense. It lays down the procedure for seizure, reporting, and custody of the seized property.
Sub-sections:
- Sub-section (1): Authorizes any police officer to seize property if there is a suspicion of theft or connection to an offense. This is based on reasonable grounds and the officer must be able to justify the seizure.
- Sub-section (2): Requires a subordinate police officer to immediately report the seizure to the officer in charge of the police station.
- Sub-section (3): Requires the seizing officer to report the seizure to the Magistrate having jurisdiction. It also allows the officer to hand over custody of the seized property to a person, under a bond, if transporting it to court is impractical or if continued police custody isn’t necessary for the investigation.
- Provison: Allows for the immediate auction of perishable property of less than ₹500. This is if the owner is unknown or absent, subject to the Superintendent of Police’s orders. Sections 503 and 504 of the BNSS govern the proceeds from the sale.
Illustration:
A police officer sees a person carrying a bag with expensive electronic equipment. The officer can seize the bag under Section 106(1) as there is a reasonable suspicion of theft. The officer suspects the person of possessing stolen items because they fail to provide a convincing explanation.
Common Questions and Answers:
Q: What are the grounds for seizing property under this section?
A: Grounds include suspicion or connection to an offense
Q: What happens to the seized property?
A: It is reported to the Magistrate and may be kept in police custody. It could also be entrusted to someone under a bond, depending on the circumstances.
Q: Can a private citizen seize property under this section?
A: No, only police officers have this power.
Q: What are the rights of the person whose property is seized?
A: They have the right to claim their property and contest the seizure in court.
