CrPC 102 — Power of police officer to seize certain property

Code of Criminal Procedure, 1973

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  457  and  458  shall,  as  nearly  as  may  be practicable, apply to the net proceeds of such sale.]

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