CrPC Section 102 — Power of police officer to seize certain property

Summary

Sub-section (1) allows a police officer to seize property that may be alleged or suspected to have been stolen, or that is found in circumstances creating suspicion that an offence has been committed.

Sub-section (2) requires a police officer who is subordinate to the officer in charge of a police station to report the seizure to that officer without delay.

Sub-section (3) requires a police officer acting under sub-section (1) to report the seizure without delay to the Magistrate with jurisdiction. If the property cannot conveniently be transported to the Court, if proper storage for it is difficult to secure, or if keeping it in police custody is not considered necessary for the investigation, the officer may give custody of it to someone who gives a bond promising to produce it before the Court when required and to follow the Court’s further orders about its disposal.

The proviso to sub-section (3) allows property seized under sub-section (1) that is subject to speedy and natural decay to be sold by auction without delay under the Superintendent of Police’s orders, if the person entitled to possess it is unknown or absent and its value is less than five hundred rupees. Sections 457 and 458 are to apply, as nearly as practicable, to the money left after the sale.

Official Text

(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. 1[

(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, 2[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:] 3[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 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.]

Sections referred to

• CrPC §457 — Procedure by police upon seizure of property
• CrPC §458 — Procedure where no claimant appears within six months

Related Judgments

• STATE OF MAHARASHTRA vs TAPAS D. NEOGY — Supreme Court of India (1999)
• NEVADA PROPERTIES PRIVATE LIMITED THROUGH ITS DIRECTOR vs STATE OF MAHARASHTRA AND ANR — Supreme Court of India (2019)
• SHENTO VARGHESE vs JULFIKAR HUSEN & ORS — Supreme Court of India (2024)
• Auro Gold Jewellery Pvt. Ltd. vs The Superintendent of Police, C.B.I., anr — Bombay High Court (Mumbai Principal Seat) (2014)
• KATHYAYINI vs SIDHARTH P.S. REDDY & ORS — Supreme Court of India (2025)
• TEESTA ATUL SETALVAD vs THE STATE OF GUJARAT — Supreme Court of India (2017)

Old <-> New Code Mapping

• BNSS §106 — Power of police officer to seize certain property