Section 106 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 106 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, empowers police officers to seize certain properties during the course of their duties. Here's an overview of its provisions
🔹 Section 106 – Power of Police Officer to Seize Certain Property
Seizure Authority: Any police officer is authorized to seize property that is alleged or suspected to have been stolen or found under circumstances that create suspicion of the commission of any offense.
Reporting to Superior Officer: If the police officer is subordinate to the officer in charge of a police station, they must immediately report the seizure to that officer.
Reporting to Magistrate and Custody Arrangements:
The seizing officer must promptly report the seizure to the Magistrate having jurisdiction.
If the property cannot be conveniently transported to the Court, or if there is difficulty in securing proper accommodation for its custody, or if continued retention in police custody is not deemed necessary for the investigation, the officer may entrust the property to another person.
The person receiving the property must execute a bond undertaking to produce it before the Court as and when required and to comply with further orders regarding its disposal.
If the seized property is subject to speedy and natural decay, and if the person entitled to its possession is unknown or absent, and the value is less than five hundred rupees, it may be sold by auction under the orders of the Superintendent of Police.
This section aligns with similar provisions in the Criminal Procedure Code (Cr.P.C.), specifically Section 102, which grants police officers the authority to seize property suspected to be stolen or connected to the commission of an offense.
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