CrPC Section 487
Section 487 of the Code of Criminal Procedure (CrPC) in English:
CrPC Section 487: Taking possession of property during execution of a warrant of arrest or detention
What is this section about?
This section empowers the police or any authorized person executing a warrant of arrest or detention to take possession of any property specified in the warrant or believed to be in the possession of the person being arrested or detained. This is done to secure evidence or prevent misuse of such property during the arrest or detention process.
Detailed Explanation:
When is this section applied?
When a person is arrested or detained under a warrant or court order, the officer executing the warrant has the authority to seize certain property belonging to that person.
What kind of property can be seized?
Property mentioned specifically in the warrant.
Property believed to be in possession of the arrested/detained person.
This property could include evidence relevant to the case, stolen goods, weapons, documents, or anything else important for the investigation or trial.
Responsibility of the police or authorized officer:
The officer must keep the seized property safe and secure.
The officer has to report the seizure to the magistrate who issued the warrant within 24 hours.
The officer must hand over the property to the magistrate.
Role of the magistrate:
The magistrate receives the seized property and decides what to do with it according to law.
The magistrate can preserve it as evidence, order its return, or dispose of it as per the legal provisions.
Why is this section important?
It ensures that important property related to the case is protected during the arrest or detention process.
Prevents the accused from hiding, destroying, or misusing such property.
Provides a clear legal procedure for seizing and handling property during criminal proceedings.
Example:
Suppose a person is wanted by the court for a robbery case, and the police have a warrant to arrest him. The court’s warrant also mentions the seizure of stolen goods found in his possession. When the police arrest this person, they can legally take possession of the stolen goods at that time. They must then report the seizure to the magistrate within 24 hours and hand over the goods for safekeeping and further action.
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