Why Does the Power to Seize Property Matter in Criminal Law?
Property seizure allows the police to take control of items connected with a crime. These items may include stolen goods, money, vehicles, or objects used to commit an offence. While this power helps investigations, it directly affects property rights.
Because of this impact, the law strictly regulates police authority to seize property. Under the old procedural law, Section 102 of the Criminal Procedure Code, 1973 (CrPC) governed this power. Under the new framework, Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) now applies.
The objective remains the same, but the new provision strengthens clarity and accountability.
What Did Section 102 CrPC Provide?
Section 102 CrPC empowered police officers to seize property suspected to be stolen or linked to the commission of an offence. The provision applied when the police found such property during investigation.
After seizure, the police had to report the action to the Magistrate without unnecessary delay. If the property could not be conveniently transported, the officer could issue an order restraining its movement or use.
The purpose of Section 102 CrPC was preventive. It aimed to preserve evidence and prevent further misuse of property connected to crime.
How Did Courts Interpret Section 102 CrPC?
Courts consistently held that police powers under Section 102 CrPC were not unlimited. The property seized had to have a clear connection with the alleged offence.
Judicial decisions also clarified that bank accounts and movable assets could fall within the scope of seizure, provided the police justified the link with criminal activity.
Courts further stressed that prompt reporting to the Magistrate was mandatory. Failure to do so weakened the legality of the seizure.
What Is Section 105 BNSS and Why Was It Introduced?
Section 105 BNSS replaces Section 102 CrPC. It continues to authorise police officers to seize property suspected to be stolen or involved in an offence.
The lawmakers introduced Section 105 BNSS as part of broader procedural reforms. The new law focuses on transparency, discipline, and rights-based policing.
By restating the power within the BNSS framework, the legislature aimed to ensure uniform application and stronger judicial supervision.
How Does Section 105 BNSS Regulate Police Seizure Powers?
Section 105 BNSS clearly outlines when police may seize property. The officer must form a reasonable belief that the property connects with criminal activity.
The provision also reinforces the duty to inform the Magistrate promptly. Judicial oversight begins immediately after seizure, reducing the risk of misuse.
BNSS places emphasis on lawful handling and documentation of seized property, ensuring better accountability.
What Is the Key Difference Between Section 102 CrPC and Section 105 BNSS?
The substance of the power remains largely unchanged. Both provisions allow police to seize property related to crime.
The difference lies in legislative clarity and intent. Section 102 CrPC operated within an older framework that relied heavily on judicial interpretation. Section 105 BNSS embeds that interpretation directly into the statutory structure.
In effect, BNSS strengthens procedural discipline without expanding police power.
How Does Section 105 BNSS Protect Property Rights?
Section 105 BNSS balances investigative needs with individual rights. Police cannot seize property arbitrarily. They must justify the seizure and report it to a judicial authority.
If the police misuse this power, courts can intervene. Individuals can challenge unlawful seizure and seek release of property.
This framework ensures that property rights remain protected even during criminal investigations.
Why Is This Provision Important in Financial and Digital Crimes?
Modern crimes often involve financial transactions and digital assets. Bank accounts, electronic wallets, and movable assets frequently become targets of seizure.
Section 105 BNSS allows lawful intervention while maintaining safeguards. Judicial oversight ensures that financial seizures do not become punitive before trial.
This balance supports effective investigation without undermining economic rights.
What Does Section 105 BNSS Mean for Legal Practice and Citizens?
For lawyers, Section 105 BNSS offers clearer statutory grounds to challenge illegal seizures. Courts can now directly examine compliance with BNSS requirements.
For police officers, the provision acts as a procedural guide that encourages lawful conduct.
For citizens, it provides reassurance that property cannot be seized without legal justification and judicial oversight.
Conclusion
Section 102 CrPC provided the foundation for police power to seize property connected with crime. Section 105 BNSS carries this authority forward with greater clarity, transparency, and accountability. While the core power remains unchanged, the BNSS framework strengthens safeguards and reinforces judicial supervision. The provision ensures that property seizure supports justice without compromising individual rights.
