BNSS 2023/106 CHAPTER VII Power of police officer to seize certain property.

BNSS 2023/106 CHAPTER VII 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 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 505 and 506 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

Read in “Simplified English”

Power of police officer to seize certain property

1. Seizing property – Any police officer can seize property if:
   • It is alleged or suspected to be stolen, or
   • It is found in circumstances that create suspicion of an offence.
2. Reporting to senior officer – If the officer is below the rank of Officer-in-Charge of a police station, he must immediately report the seizure to that Officer-in-Charge.
3. Reporting to Magistrate & custody of property –
   • Every police officer who seizes property must immediately report it to the Magistrate having jurisdiction.
   • If the property cannot be easily taken to Court, or there is difficulty in storing it, or if it is not necessary to keep it with the police, the officer may give it to someone else for safekeeping.
   • That person must sign a bond (undertaking) promising to produce the property before the Court whenever required and follow the Court’s orders about its disposal.
4. Perishable / low-value property – If the seized property:
   • is perishable (can quickly decay),
   • the owner is not known or is absent, and
   • its value is less than ₹500,
     → then it may be sold by auction immediately under the orders of the Superintendent of Police.
   • The money received will be handled according to the procedure in Sections 505 and 506.

👉 In short: Police can seize suspected stolen property, must report it, and arrange safe custody or auction (if perishable and of low value), under Court or superior orders.