Power of police officer to seize certain property
AI Assist
Summary
Police may seize property alleged to be stolen or found under suspicious circumstances. The seizing officer must promptly report the seizure to the station in-charge and to the Magistrate with jurisdiction. If the item cannot be moved, cannot be securely kept, or need not stay in police custody, it may be handed to a person on a bond to produce it in court. Perishable items worth less than Rs.500 with no known owner may be sold by auction under the Superintendent of Police and the net proceeds dealt with like under sections 457 and 458.
Example
Arjun, a shopkeeper, finds a locked trunk outside his shop containing goods that look stolen. A junior police officer seizes the trunk and immediately informs the station in-charge and the Magistrate. The trunk is bulky and the police have no secure space, so they hand it to Arjun after he signs a bond to produce it in court when required.
Bare Act
Enacted 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.
(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 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.
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