CrPC Section 105E: Seizure or Attachment of Property
This section deals with the power of a Magistrate to seize or attach property in certain circumstances.
1. Code:
Section 105E of the Code of Criminal Procedure, 1973
2. Explanation:
This section empowers a Magistrate to seize or attach property if there is reason to believe that:
- The property is the subject matter of an offence.
- The property is likely to be concealed or disposed of.
- The property is likely to be used to commit an offence.
The Magistrate can also attach property if it is likely to be used to prevent the execution of any order made or to be made in any criminal proceeding.
3. Illustration:
A person is accused of stealing a car. The Magistrate has reason to believe that the stolen car is being concealed at a particular location. The Magistrate can order the seizure of the car under Section 105E.
4. Common Questions and Answers:
Q: What are the grounds for seizure or attachment under Section 105E?
A: The grounds are mentioned in the section itself, and include:
-
- Property being the subject matter of an offence.
- Property being likely to be concealed or disposed of.
- Property being likely to be used to commit an offence.
- Property being likely to be used to prevent the execution of any order.
Q: Who can order the seizure or attachment?
A: The order can be made by a Magistrate.
Q: What are the consequences of seizure or attachment?**
A: The property is taken into custody and cannot be disposed of until the court decides its fate.
