Introduction to Section 106 BNSS / Police Seizure of Property Without Court Orders
Section 106 BNSS Police Seizure of Property Without Court Orders, 2023 gives the police the legal authority to seize property that may have been stolen or is found in suspicious circumstances related to a crime. This section ensures that evidence is protected and handled properly during an investigation. It also lays down rules for reporting and managing seized property.
What is BNSS Section 106 ?
BNSS Section 106 gives police officers the authority to immediately take possession of property they suspect to be stolen or connected to a crime. It also provides a structured legal procedure on what the officer must do next — including reporting to superiors and magistrates, ensuring safe custody, and auctioning perishable or low-value goods with proper permissions. It balances police power with judicial oversight to protect justice and prevent misuse.
BNSS Section of 106 in Simple Points
1. Power to Seize Suspicious or Stolen Property
Under Section 106, a police officer has the authority to seize any property that appears to be stolen or is found in suspicious circumstances that suggest a crime may have been committed. This means, even if there is no direct proof yet, the officer can take immediate action based on reasonable suspicion. This power helps in preventing the loss or destruction of potential evidence at the scene.
2. Duty to Report Seizure to Senior Officer
If the officer who seized the property is not the Station House Officer (SHO) or head of the police station, they must immediately inform their superior. This ensures transparency and accountability. It also allows the senior officer to verify the seizure and follow legal procedures further, ensuring the system is not misused.
3. Magistrate Must Be Informed About the Seizure
Once the property is seized, the police officer must report the seizure to the Magistrate who has the legal authority in that area. This is important because the court will decide what to do next with the seized property. The involvement of the Magistrate adds a legal safeguard so that no one’s rights are unfairly affected.
4. Temporary Custody to a Responsible Person
Sometimes the seized item may be too big or difficult to transport (like a large machine or furniture). Or, there might be no need to keep it in the police station for long. In such cases, the officer can hand it over to a trusted person, like the owner or another responsible individual, after they sign a legal bond. This bond ensures the person will produce the item in court when needed.
5. Auction of Perishable and Low-Value Items
If the seized property is something that decays quickly (like food items or flowers), and its value is less than ₹500, and no rightful owner is present, then the Superintendent of Police can order it to be sold by auction. The money earned is kept safely and handled legally under Sections 503 and 504 of BNSS. This prevents waste and ensures fairness.
Section 106 of BNSS Overview
BNSS Section 106 gives power to a police officer to seize any property that is suspected to be stolen or found under circumstances that suggest a crime might have happened. It also explains how such seized property should be reported and handled, including when to involve the Magistrate and how to deal with perishable or low-value items.
BNSS Section 106 – Power of Police Officer to Seize Certain Property
1. Authority to Seize Suspicious or Stolen Property
Section 106 allows any police officer to seize property that is either believed to be stolen or found in a situation that creates a reasonable suspicion that a crime has occurred. This gives the police power to act quickly when they come across goods that might be linked to a theft or any illegal activity. The aim is to prevent the loss of evidence or criminal benefit. This authority is very important during criminal investigations. It helps preserve material evidence without delay. There is no need for court orders in such situations. It empowers the police to take swift action on the ground. However, this power must be used with responsibility and fairness.
2. No Need for Court Approval Before Seizure
Police officers do not need prior permission from the court to seize suspicious property. If an officer suspects that an item is connected to a crime, they can immediately take it into custody. This is crucial because some evidence might get destroyed or disappear if there’s a delay. The law trusts the judgment of the police to take quick action. This provision ensures that investigations are not held up by legal formalities. However, this also places a moral and legal duty on the officer to act in good faith. Any misuse of this power can be challenged in court. The objective is speed with responsibility.
3. Duty to Report Seizure to Senior Officer
If the police officer who seizes the property is not the Station House Officer (SHO) or officer in charge of the police station, he must immediately report the matter to his superior. This helps maintain a proper chain of command and accountability in the police department. The senior officer can then ensure that the property is safely stored and all legal procedures are followed. This avoids misuse of the seized property. It also keeps the entire process transparent. Internal checks like this are important to build public trust. Reporting to higher authorities ensures that legal records are maintained.
4. Mandatory Reporting to Magistrate
Once a seizure is made, the police officer must report the seizure to the Magistrate who has the legal jurisdiction over the case. This step brings in judicial oversight and ensures that the police do not misuse their power. The Magistrate has the authority to question the seizure if it seems unjustified. This balance between the police and judiciary is important in any fair justice system. The Magistrate’s role also includes giving further orders on how to deal with the seized items. This provision strengthens the legal process. It keeps the rights of both accused and victims in view.
5. Safe Custody When Transport is Difficult
If the property is difficult to transport to court (for example, bulky machinery or large quantities of goods), the officer is allowed to give its custody to a responsible person. However, this can only be done after the person signs a bond. The bond is a legal promise that they will keep the item safe and bring it to the court when asked. This ensures that evidence is not lost due to practical issues. It allows flexibility in handling large or immovable items. The bond is a safeguard against tampering. The court can take action if the terms are violated.
6. Use of Bonds to Ensure Responsibility
The person to whom custody is given must sign a legal bond. This bond states that the person will take care of the property and produce it before the court when required. It also includes a promise to follow future court orders about what should be done with the item. This is a smart legal step. It puts responsibility on the person and creates a formal agreement. If the property goes missing, the person can be held accountable. The bond protects both the police and the court’s interest. It also avoids overburdening police storage facilities.
7. Auction of Perishable and Low-Value Items
Sometimes the seized property may be perishable, like fruits or food items, or of very low value (less than ₹500). If no rightful owner is known or present, the police can sell these items quickly via auction. This prevents loss due to decay or spoilage. The law allows this under the direction of the Superintendent of Police. It ensures that items don’t go to waste or get stolen. The auction money is then handled as per other legal provisions. This shows the law’s practical thinking. It saves resources while keeping the process lawful and accountable.
8. Involvement of Superintendent of Police
For selling any perishable or low-value items under this section, the order must come from the Superintendent of Police (SP). This ensures that only a senior officer can authorize such decisions. It adds an extra level of oversight and prevents corruption or casual disposal of items. The SP is expected to examine the situation before allowing a sale. This protects both the public interest and the integrity of the police force. Involving a high-ranking officer adds seriousness to the process. It keeps the chain of custody professional and trustworthy.
9. Proceeds Handled under Sections 503 & 504
After the auction of perishable goods, the money collected is not just pocketed or ignored. It is handled according to the rules under BNSS Sections 503 and 504. These sections provide the legal steps for dealing with the proceeds — whether to return them, deposit them, or keep them until the case is resolved. This system ensures proper financial handling. It prevents misuse or misplacement of funds earned through the sale. Even though the item is sold, its value remains legally protected. It helps preserve justice and fairness in all outcomes.
10. Purpose: To Safeguard Evidence and Ensure Justice
The ultimate goal of Section 106 is to protect evidence and ensure it is available for use in court. Whether the item is a mobile phone, vehicle, or stolen goods, it must be handled carefully. The section provides detailed instructions for each situation — from seizure to storage to court production. It’s about balancing police efficiency with public accountability. This legal protection helps both victims and the justice system. Properly handled property can prove guilt or innocence. Therefore, the entire process aims to uphold the rule of law at every step.
Examples of BNSS Section 106
Example 1:
A police patrol finds a new mobile phone hidden under suspicious circumstances in an alley. No one claims it, and it’s suspected to be stolen. The officer seizes it under Section 106 and reports it to the SHO and Magistrate.
Example 2:
A truck carrying spoiled fruits is seized during a theft investigation. As the fruits are rotting and worth less than ₹500, the Superintendent of Police orders an immediate auction. The proceeds are deposited in court as per legal rules.
Section 106 of BNSS Short Information
| Key Point Name | Explanation |
|---|---|
| 1. Police Power to Seize Property | Police officers can seize any property suspected to be stolen or involved in a crime without prior court approval. |
| 2. Reporting to Superior | If the officer is not in charge, they must immediately report the seizure to the officer in charge of the police station. |
| 3. Magistrate’s Oversight | The officer must report the seizure to a Magistrate, who will guide the next legal steps. |
| 4. Custody with Responsible Person | If transporting the item to court is difficult, it may be handed over to someone on a bond, promising its return to court. |
| 5. Sale of Perishable Items | If the item is perishable and worth less than ₹500, and the owner is not known, it can be sold through auction under SP’s order. |
BNSS Section 106 FAQs
BNSS 106
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