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. Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer. 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.
Code of Criminal Procedure, 1973
Section 102
Power of police officer to seize certain property
⚡ Quick Answer Reference: Section 102 CrPC
- Provision: Section 102 of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
- Summary: This section allows a police officer to seize any property that may have been stolen or is suspected to be involved in a crime. The officer must report the seizure to their superior and the magistrate. If the property is perishable or difficult to store, the officer can hand it over to someone who promises to produce it in court.
What does Section 102 of CrPC say?
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What does Section 102 of CrPC mean?
Plain English Explanation
This section allows a police officer to seize any property that may have been stolen or is suspected to be involved in a crime. The officer must report the seizure to their superior and the magistrate. If the property is perishable or difficult to store, the officer can hand it over to someone who promises to produce it in court.
Practical Interpretation
In practice, this section empowers police officers to take control of property that may be connected to a crime, ensuring its safekeeping and availability for investigation. The officer's report to the magistrate ensures transparency and oversight.
Core Legal Purpose
The core purpose of this section is to facilitate the investigation of crimes by allowing police officers to seize and secure evidence, while also ensuring accountability through reporting requirements.
- •The property must be alleged or suspected to have been stolen or involved in a crime.
- •The police officer must report the seizure to their superior and the magistrate.
- •The property must be perishable or difficult to store for the officer to hand it over to someone else.
- •The property's value must be less than 500 rupees for it to be sold by auction under certain circumstances.
Practical Example of Section 102 CrPC
Rajesh, a police officer, suspects that a stolen bike is hidden in a nearby shed. He seizes the bike and reports the seizure to his superior, Inspector Kumar, and the local magistrate. Since the bike is in good condition and can be easily stored, Rajesh decides to keep it in the police station. However, if the bike were perishable or difficult to store, he could hand it over to a friend who promises to produce it in court.
Frequently Asked Questions about Section 102 CrPC
Q: What is the punishment or consequence under Section 102 of CrPC?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to police officers and public entities, as it deals with the seizure of property by law enforcement.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
Common Questions about Section 102 CrPC
What is Section 102 of CrPC?
Section 102 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Power of police officer to seize certain property". In plain terms: This section allows a police officer to seize any property that may have been stolen or is suspected to be involved in a crime. The officer must report the seizure to their superior and the magistrate. If the property is perishable or difficult to store, the officer can hand it over to someone who promises to produce it in court.
What is the punishment under Section 102 of CrPC?
Section 102 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 102 of CrPC bailable or non-bailable?
Whether Section 102 of CrPC is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 102 of CrPC?
The essential elements of Section 102 of CrPC are: The property must be alleged or suspected to have been stolen or involved in a crime.; The police officer must report the seizure to their superior and the magistrate.; The property must be perishable or difficult to store for the officer to hand it over to someone else..
Landmark Judgments under Section 102 CrPC
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 102
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