CrPC 102 to BNSS 106: Power of police officer to seize certain property
Section 102 CrPC (1973) replaced by Section 106 BNSS (2023)
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
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 102 | 106 |
| Heading | Power of police officer to seize certain property | Same |
| Sub-sections | 3 sub-sections | Same |
| Cross-references | s.457, s.458 | s.503, s.504 |
CrPC 102 and BNSS 106: Bare Act Text Side by Side
Section 102, CrPC 1973
Section 106, BNSS 2023
When It Applies: CrPC 102 vs BNSS 106
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 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 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
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 ·