Section 101 CrPC: Disposal of Property Found in Search Beyond Jurisdiction
1. Code
Section 101 of the Code of Criminal Procedure, 1973 (CrPC) deals with the disposal of property found in a search conducted beyond the jurisdiction of the Magistrate who authorized the search.
2. Explanation
This section outlines the process for handling property seized during a search that was conducted outside the territorial jurisdiction of the issuing Magistrate. It states that the property seized must be brought before the Magistrate who authorized the search and be disposed of according to the relevant provisions of the CrPC.
Essentially, this section ensures that even when a search is carried out in a different location, the property recovered is brought back to the original authorizing Magistrate for proper legal handling.
3. Illustration
Consider a scenario where a Magistrate in Delhi issues a search warrant for a premises located in Mumbai. The police, during the search in Mumbai, find incriminating evidence. According to Section 101, the seized property must be brought back to Delhi and presented before the issuing Magistrate.
4. Common Questions and Answers
- Q: What happens if the property is found beyond the jurisdiction of any Indian court?A: In such cases, the property must be brought before the nearest Magistrate who then takes necessary steps for its safekeeping and eventual disposal.
- Q: Can the property be disposed of by the police who conducted the search?A: No, the property cannot be disposed of by the police. It must be brought before the Magistrate who authorized the search for appropriate disposal.
- Q: What are the relevant provisions of the CrPC for disposal of the property?A: Depending on the nature of the property and the case, the property can be disposed of under various sections of the CrPC, such as:
- Section 52: Release of property on bail
- Section 53: Forfeiture of property
- Section 54: Disposal of property seized under the CrPC
