Section 102 CrPC: Power of police officer to seize certain property

What Section 102 CrPC Says

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.

Source: Section 102, Code of Criminal Procedure, 1973

Section 102 CrPC in Simple Words

When Section 102 CrPC Applies

• 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.

Time Limits Under Section 102 CrPC

• 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”

Example of Section 102 CrPC

When Section 102 CrPC Does Not Apply

• A police officer has no power to seize property under Section 102(1) of the Code of Criminal Procedure, 1973 when the property is neither alleged nor suspected to have been stolen and is not found under circumstances which create suspicion of the commission of any offence.
• The requirement in Section 102(2) CrPC to report a seizure to the officer in charge of a police station does not apply when the seizing police officer is not subordinate to that officer.
• Handing over custody of seized property on a bond under Section 102(3) CrPC does not apply when the property can be conveniently transported to the Court, there is no difficulty in securing proper accommodation for its custody, and its continued retention in police custody is considered necessary for the purpose of investigation, or when the person does not execute the required bond.
• Sale by auction under the proviso to Section 102(3) CrPC does not apply when the seized property is not subject to speedy and natural decay, when the person entitled to its possession is known and present, or when the value of the property is not less than five hundred rupees.

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