CrPC Section 407
Section 407 CrPC: Procedure where property has been stolen, lost, or found
Text of Section 407 CrPC:
"When property alleged to have been stolen, or lost, or found is brought or sent to a police station or to a Magistrate, the police officer or the Magistrate shall make a report thereof in the case diary or in the prescribed book and, if he is a police officer, shall send the property to the Magistrate, who shall, if necessary, cause the property to be inspected by some respectable and disinterested person, and shall then keep the property safely in his custody until it is claimed by the rightful owner, or until it is produced in evidence before a competent court, or until the disposal of the case in which it is produced as evidence."
Explanation:
When does Section 407 apply?
When property alleged to be stolen, lost, or found is brought to a police station or presented before a Magistrate.
What are the duties of the police or Magistrate?
The police officer or Magistrate must record a report about the property in the case diary or prescribed register.
If a police officer receives the property, they must send it to the Magistrate.
The Magistrate may, if needed, have the property inspected by a respectable and disinterested person (someone impartial and trustworthy).
The Magistrate must keep the property safe until:
The rightful owner claims it, OR
The property is produced as evidence before a competent court, OR
The case in which the property is evidence is disposed of.
Why is this Section important?
It ensures that property connected to crimes or lost/found items is properly documented and preserved.
Protects the property from mishandling, loss, or damage.
Provides transparency and accountability in handling evidence or lost/found property.
Avoids disputes over property by keeping it in official custody.
Practical Example:
Suppose a lost mobile phone is found and handed over at the police station.
The police record the details in the case diary and send it to the Magistrate.
The Magistrate may ask someone impartial to inspect the phone.
The phone is then kept safe until either the owner claims it or the phone is used as evidence in a court case.
Summary Table:
| Aspect | Details |
|---|---|
| Applies to | Property alleged to be stolen, lost, or found |
| Authority receiving property | Police officer or Magistrate |
| Duty | Record report in case diary/register |
| Transfer | Police to send property to Magistrate |
| Inspection | Magistrate may have property inspected by impartial person |
| Custody | Magistrate keeps property safely until claimed or case disposed |
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