(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 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such sale.
Bharatiya Nagarik Suraksha Sanhita
Section 106
Power of police officer to seize certain property
⚡ Quick Answer Reference: Section 106 BNSS
- Provision: Section 106 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
- Jurisdiction: India
- Summary: A police officer can seize property if it's suspected to be stolen or found in suspicious circumstances. They must report the seizure to their superior and the Magistrate. If the property can't be transported or stored safely, the officer can give it to someone who promises to return it to court.
What does Section 106 of BNSS say?
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What does Section 106 of BNSS mean?
Plain English Explanation
A police officer can seize property if it's suspected to be stolen or found in suspicious circumstances. They must report the seizure to their superior and the Magistrate. If the property can't be transported or stored safely, the officer can give it to someone who promises to return it to court.
Practical Interpretation
This section empowers police officers to seize property in cases of suspected theft or suspicious circumstances. The officer must report the seizure to their superior and the Magistrate, ensuring transparency and accountability. If the property poses a logistical challenge, the officer can temporarily hand it over to someone who undertakes to produce it in court.
Core Legal Purpose
The core purpose of Section 106 is to provide police officers with the authority to seize property in cases of suspected theft or suspicious circumstances, while ensuring that the seized property is handled in a manner that is transparent, accountable, and in accordance with the law.
- •The property must be alleged or suspected to have been stolen or found in suspicious circumstances.
- •The police officer must be subordinate to the officer in charge of a police station.
- •The police officer must report the seizure to the Magistrate having jurisdiction.
- •The property seized must be subject to speedy and natural decay, and its value must be less than five hundred rupees, for it to be sold by auction under the orders of the Superintendent of Police.
Practical Example of Section 106 BNSS
Rajesh, a police officer, is investigating a case of suspected theft. He finds a valuable item in a suspicious location. According to Section 106, Rajesh can seize the item and report the seizure to his superior, the officer in charge of the police station. If the item is perishable and its value is less than five hundred rupees, Rajesh can give it to someone who promises to produce it in court. In this scenario, the police officer's power to seize the property is exercised in accordance with the law, ensuring that the seized property is handled in a transparent and accountable manner.
Frequently Asked Questions about Section 106 BNSS
Q: What is the punishment or consequence under Section 106 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the powers and responsibilities of police officers in seizing property in cases of suspected theft or suspicious circumstances.
Q: Does this section apply to private individuals or public entities?
This section applies to police officers and the public entities they represent, in their capacity as law enforcement officials.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 106 BNSS
What is Section 106 of BNSS?
Section 106 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power of police officer to seize certain property". In plain terms: A police officer can seize property if it's suspected to be stolen or found in suspicious circumstances. They must report the seizure to their superior and the Magistrate. If the property can't be transported or stored safely, the officer can give it to someone who promises to return it to court.
What is the punishment under Section 106 of BNSS?
Section 106 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 106 of BNSS bailable or non-bailable?
Whether Section 106 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 106 of BNSS?
The essential elements of Section 106 of BNSS are: The property must be alleged or suspected to have been stolen or found in suspicious circumstances.; The police officer must be subordinate to the officer in charge of a police station.; The police officer must report the seizure to the Magistrate having jurisdiction..
Landmark Judgments under Section 106 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 106
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