CrPC Section 457: Police Procedure on Property Seizure

1. Code

Section 457 of the Code of Criminal Procedure, 1973, deals with the procedure for seizure of property by the police.

2. Explanation

This section outlines the steps that a police officer must take when seizing property during an investigation:

• The officer must have reasonable grounds to believe that the property is connected with the offense.
• The officer must prepare a seizure memo, which should include details of the property seized, the date and time of seizure, the place of seizure, and the reason for seizure.
• The officer must give a copy of the seizure memo to the person from whom the property was seized, or if that’s not possible, must affix a copy of the memo to the property itself.
• The seized property must be kept in safe custody and a receipt for its safekeeping must be issued.

3. Illustration

Imagine a police officer is investigating a theft case. During the investigation, the officer finds a stolen mobile phone in the possession of a suspect. The officer would follow the procedure outlined in Section 457:

• The officer has reasonable grounds to believe the phone is connected to the theft.
• The officer prepares a seizure memo, including the phone’s details, the date and time of seizure, and the reason (connection to the theft).
• The officer gives a copy of the memo to the suspect.
• The phone is kept in the police station’s safe custody, and a receipt for safekeeping is issued.

4. Common Questions and Answers

Q: Can the police seize property without a warrant?
A: Yes, but only if there are reasonable grounds to believe the property is connected to the offense.

Q: What happens to the seized property?
A: It’s kept in safe custody until the court decides its fate.

Q: Can the owner of the seized property reclaim it?
A: Yes, they can apply to the court for its return.