BNSS 106 — Power of police officer to seize certain property.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(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.

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