CrPC 102→BNSS 106

CrPC 102 to BNSS 106: Power of police officer to seize certain property

Section 102 CrPC (1973) replaced by Section 106 BNSS (2023)

View CrPC Section 102 →View BNSS Section 106 →

CrPC 102 to BNSS 106 at a Glance

Section 102 CrPC (Power of police officer to seize certain property) is now Section 106 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 102 to BNSS 106?

Section 102 of the Code of Criminal Procedure, 1973 became Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with changes of form only. The wording of Section 106(1) BNSS, Section 106(2) BNSS, and the main part of Section 106(3) BNSS is identical to Section 102(1) CrPC, Section 102(2) CrPC, and the main part of Section 102(3) CrPC, and no new sub-section was added. In the proviso to Section 106(3) BNSS, the rule for auctioning decaying property worth less than five hundred rupees is also unchanged, except for a formal cross-reference update from Sections 457 and 458 CrPC to Sections 503 and 504 BNSS.

CrPC 102 vs BNSS 106: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section102106
HeadingPower of police officer to seize certain propertySame
Sub-sections3 sub-sectionsSame
Cross-referencess.457, s.458s.503, s.504

CrPC 102 and BNSS 106: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 102, CrPC 1973

102. Power of police officer to seize certain property.—(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.
BNSS 2023 (in force)

Section 106, BNSS 2023

106. Power of police officer to seize certain property.—(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.

When It Applies: CrPC 102 vs BNSS 106

Under CrPC 102
  1. Any police officer may take possession of property under Section 102(1) of the Code of Criminal Procedure, 1973 when it may be alleged or suspected to have been stolen, or when it may be found under circumstances which create suspicion of the commission of any offence.
  2. Under Section 102(3) CrPC, the seizing police officer may hand over custody of the seized property to any person when transporting it to the Court is not convenient, when securing proper storage accommodation is difficult, or when keeping it in police custody may not be considered necessary for the purpose of investigation.
  3. A person who receives custody of seized property under Section 102(3) CrPC must sign a bond promising to bring the property before the Court whenever needed and to carry out the further orders of the Court for its disposal.
  4. A proviso to Section 102(3) CrPC relaxes the normal custody rule by permitting the sale by auction, under the orders of the Superintendent of Police, of seized property that is subject to speedy and natural decay when the person entitled to possess it is unknown or absent and its value is less than five hundred rupees.
  5. When decaying property is sold by auction under the proviso to Section 102(3) CrPC, the rules in Sections 457 and 458 CrPC shall apply, as nearly as may be practicable, to the net proceeds from that sale.
Under BNSS 106
  1. Any police officer may take possession of property under Section 106(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 when it may be alleged or suspected to have been stolen, or when it may be found under circumstances which create suspicion of the commission of any offence.
  2. Under Section 106(3) BNSS, the seizing police officer may hand over custody of the seized property to any person when transporting it to the Court is not convenient, when securing proper storage accommodation is difficult, or when keeping it in police custody may not be considered necessary for the purpose of investigation.
  3. A person who receives custody of seized property under Section 106(3) BNSS must sign a bond promising to bring the property before the Court whenever needed and to carry out the further orders of the Court for its disposal.
  4. A proviso to Section 106(3) BNSS relaxes the normal custody rule by permitting the sale by auction, under the orders of the Superintendent of Police, of seized property that is subject to speedy and natural decay when the person entitled to possess it is unknown or absent and its value is less than five hundred rupees.
  5. When decaying property is sold by auction under the proviso to Section 106(3) BNSS, the rules in Sections 503 and 504 BNSS shall apply, as nearly as may be practicable, to the net proceeds from that sale.

Time Limits: CrPC 102 to BNSS 106

Under CrPC 102
  • Under Section 102(2) of the Code of Criminal Procedure, 1973, a seizing police officer who is subordinate to the officer in charge of a police station shall report the seizure to that officer forthwith.Act text: “shall forthwith report the seizure to that officer.”
  • Under Section 102(3) CrPC, every police officer who seizes property under Section 102(1) CrPC shall report the seizure to the Magistrate having jurisdiction forthwith.Act text: “shall forthwith report the seizure to the Magistrate having jurisdiction”
  • Under the proviso to Section 102(3) CrPC, seized property that is subject to speedy and natural decay, belongs to an unknown or absent person, and is worth less than five hundred rupees may be sold by auction forthwith under the orders of the Superintendent of Police.Act text: “it may forthwith be sold by auction under the orders of the Superintendent of Police”
Under BNSS 106
  • Under Section 106(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a seizing police officer who is subordinate to the officer in charge of a police station shall report the seizure to that officer forthwith.Act text: “shall forthwith report the seizure to that officer.”
  • Under Section 106(3) BNSS, every police officer who seizes property under Section 106(1) BNSS shall report the seizure to the Magistrate having jurisdiction forthwith.Act text: “shall forthwith report the seizure to the Magistrate having jurisdiction”
  • Under the proviso to Section 106(3) BNSS, seized property that is subject to speedy and natural decay, belongs to an unknown or absent person, and is worth less than five hundred rupees may be sold by auction forthwith under the orders of the Superintendent of Police.Act text: “it may forthwith be sold by auction under the orders of the Superintendent of Police”

What CrPC 102 to BNSS 106 Means in Practice

Because the move from Section 102 of the Code of Criminal Procedure, 1973 to Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 makes only changes of form, the legal rules are unchanged. Police officers have the same power to seize property, the same duty to report seizures forthwith, and the same authority to give custody on a bond or auction decaying property worth less than five hundred rupees under Section 106 BNSS and Sections 503 and 504 BNSS from 1 July 2024.

FAQs: CrPC 102 to BNSS 106

Did Section 106 BNSS change the grounds on which a police officer may seize property?▼

No. Section 106(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 keeps the exact wording of Section 102(1) of the Code of Criminal Procedure, 1973. Under the rule in force from 1 July 2024, 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. The threshold for seizure is unchanged.

Did the duty to report a seizure or the power to give custody on a bond change in Section 106 BNSS?▼

No. Section 106(2) BNSS and Section 106(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reproduce the rules of Section 102(2) CrPC and Section 102(3) of the Code of Criminal Procedure, 1973 without substantive change. A seizing officer shall still forthwith report the seizure to the officer in charge of a police station, if subordinate, and to the Magistrate having jurisdiction, and may still give custody of the property to any person on a bond under the same conditions.

What changed in the proviso on selling decaying seized property by auction under Section 106 BNSS?▼

In the proviso to Section 106(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the cross-reference to the provisions that apply to the net proceeds of an auction sale changed from Sections 457 and 458 of the Code of Criminal Procedure, 1973 to Sections 503 and 504 BNSS. This is a change of form. The conditions requiring speedy and natural decay, an unknown or absent person entitled to possession, a value of less than five hundred rupees, and orders of the Superintendent of Police are unchanged.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·