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CHAPTER VII: PROCESSES TO COMPEL THE PRODUCTION OF THINGS (Section 91-105), Part D- MISCELLANEOUS (POWER OF POLICE OFFICER TO SEIZE CERTAIN PROPERTY) (Section-102), The Code of Criminal Code, 1973

D- MISCELLANEOUS (POWER OF POLICE OFFICER TO SEIZE CERTAIN PROPERTY), CHAPTER VII: PROCESSES TO COMPEL THE PRODUCTION OF THINGS (Section 91-105)

SECTION 102: POWER OF POLICE OFFICER TO SEIZE CERTAIN PROPERTY

(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 that create suspicion of the commission of any offence.

(2)SITUATION: The police officer, seizing certain property if subordinate to the officer in charge of a police station.

CONSEQUENCE: Such police officer shall forthwith report the seizure to that officer.

(3)SITUATION: Where:

  • the property seized is such that its cannot be conveniently transported to the court, or
  • there is difficulty in securing proper accommodation for the custody of such property, or
  • the continued retention of the property in police custody may not be considered necessary for the purpose of investigation.

CONSEQUENCE: Every police officer acting under section 102(1):

  • shall, forthwith in the report the seizure to the magistrate having jurisdiction, and
  • 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:

SITUATION: Where-

  • the property seized under section 102(1) is subject to speedy and natural decay,
  • of the person entitled to the possession of such property is unknown or absent, and
  • the value of such property is less than 500 Rupees.

CONSEQUENCE: The property seized:

  • may forthwith be sold by auction under the orders of the Superintendent of Police and
  • the provision of section 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

THIS (FOURTH) PART OF THE SERIES CONSISTS OF POWER OF POLICE OFFICER TO SEIZE CERTAIN PROPERTY, (FROM THE MISCELLANEOUS PART OF THE CODE OF CHAPTER VII), THIRD PART OF THE SERIES CONSISTS OF GENERAL PROVISION RELATING TO SEARCH, WHICH IS PART-C OF CHAPTER-VII OF CODE. SECOND PART CONSISTS OF SEARCH WARRANTS, WHICH IS THE PART B OF CODE IN CHAPTER: VII. FIRST PART OF THE SERIES CONSISTS OF A- SUMMONS TO PRODUCE, WHICH IS PART A IN THE CODE EVEN. THIRD PART CONSISTS OF PART C OF THE CODE.