CrPC Section 102: Police Power to Seize Property – Explained

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CrPC Section 102: Police Power to Seize Property – Explained

1. Code

Section 102 of the Code of Criminal Procedure, 1973 (CrPC) grants police officers the power to seize property in certain circumstances.

2. Explanation

This section outlines the circumstances under which a police officer can seize property, even without a warrant. These circumstances include:

  • When a cognizable offense is being committed or has been committed: This applies to offenses where police can arrest a suspect without a warrant.
  • When property is likely to be used as evidence in a criminal case: This applies when the property could be used to prove a crime.
  • When property is likely to be used for committing a cognizable offense: This applies if the property itself could be used to commit a crime (e.g., weapons, tools used for breaking and entering).
  • When property is likely to be used for concealing stolen property or other property: This applies when the property is used to hide evidence of a crime.
  • When property is suspected to be stolen property: This applies even without confirmation, but the police must have reasonable suspicion.
  • When property is required for investigation or for the purpose of preventing an offense: This applies when the property is needed to gather evidence or to prevent a crime.

3. Illustration

Imagine a police officer sees someone running away from a shop, carrying a bag. The officer suspects the person stole something. The officer can use Section 102 to seize the bag, as it is likely to contain stolen property.

4. Common Questions and Answers

  • Q: Does the police officer need to have a warrant to seize property under this section? A: No, a warrant is not required in the circumstances mentioned in Section 102.
  • Q: What if the owner of the property objects to the seizure? A: The owner can approach a Magistrate for the return of the property. The Magistrate will then decide if the seizure was justified.
  • Q: What happens to the seized property? A: The seized property is usually kept in the custody of the police station until the investigation is complete. The court will then decide the fate of the property.
  • Q: Are there any limitations to the police power under this section? A: Yes. The power must be exercised reasonably and fairly. The police cannot seize property arbitrarily or for malicious purposes.
Also Read  CrPC Section 176: Inquiry into Cause of Death by Magistrate
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