Indian criminal procedure | Updated October 2026
Section 102 CrPC: Power of Police to Seize Property and Section 106 BNSS
Section 102 of the Code of Criminal Procedure, 1973 empowered police officers to seize suspected stolen property and property connected with suspected offences. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 106 BNSS.
Meaning and scope of Section 102 CrPC
Section 102 permitted a police officer to seize property alleged or suspected to be stolen, or found in circumstances giving rise to suspicion that an offence had been committed. The provision also imposed reporting obligations and permitted conditional custody arrangements for seized property.
Text and explanation of Section 102 CrPC
Sub-section (1): Power of seizure
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.
Sub-section (2): Report to officer in charge
Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.
Sub-section (3): Report to Magistrate and custody
Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction. Where the seized property cannot conveniently be transported to court, proper custody accommodation is difficult, or continued police custody is unnecessary for investigation, the officer may entrust custody to a person who executes a bond to produce it when required and comply with the court's disposal orders.
Proviso: Perishable property
If seized property is subject to speedy and natural decay, the person entitled to possession is unknown or absent, and its value is less than Rs. 500, it may be sold promptly by auction under orders of the Superintendent of Police. Sections 457 and 458 CrPC apply, as nearly as practicable, to the net sale proceeds.
The subsection (3) explanation above is a paraphrase for readability. The original page records the 1978 insertion of subsection (3) and the 2005 amendments, effective 23 June 2006, concerning custody and perishable property.
Section 106 BNSS: Corresponding law from 1 July 2024
The Bharatiya Nagarik Suraksha Sanhita, 2023 (official India Code) preserves the principal powers and safeguards under Section 106. Its three subsections cover seizure, reporting to the officer in charge and Magistrate, and custody on bond. The proviso retains the conditions for auction of low-value perishable property but refers to Sections 503 and 504 BNSS instead of Sections 457 and 458 CrPC.
| Subject | Earlier CrPC | BNSS provision |
|---|---|---|
| Police seizure of suspected property | Section 102 | Section 106 |
| Recording search and seizure through audio-video means | No identical general provision | Section 105, within its statutory scope |
| Attachment, forfeiture or restoration of proceeds of crime | No directly identical section | Section 107 |
| Procedure for property seized by police | Section 457 | Section 503 |
| Where no claimant appears | Section 458 | Section 504 |
When can police seize property?
The statutory threshold is a reasonable connection between the property and circumstances creating suspicion of an offence; seizure is not justified merely because a person is under investigation. Depending on the facts and applicable law, property may include stolen goods, vehicles, cash, documents and bank account balances. The power is subject to judicial scrutiny, applicable special statutes and procedural safeguards.
Seizure or freezing of bank accounts
The Supreme Court has recognised that bank accounts can fall within the expression "property" for purposes of Section 102 CrPC. In State of Maharashtra v. Tapas D. Neogy, (1999) 7 SCC 685, the Court considered police powers to prohibit operation of an account when its assets have a nexus with an offence under investigation. A freezing direction must be evaluated against the relevant statutory conditions and case-specific facts.
Safeguards and reporting requirements
- Grounds for seizure: The circumstances must bring the property within the statutory description.
- Superior officer: A subordinate officer must promptly report the seizure to the officer in charge.
- Magistrate: The police officer must forthwith report the seizure to the Magistrate having jurisdiction.
- Custody: Eligible property may be entrusted on a bond requiring production and compliance with court orders.
- Audio-video recording: Section 105 BNSS introduces recording requirements for searches and seizures within its stated scope; its application must be assessed with the type of seizure involved.
How to seek release of seized property
A person claiming lawful possession may approach the competent Magistrate for appropriate orders concerning custody or disposal, relying on the applicable provisions of the CrPC or BNSS. Relevant documents may include ownership records, seizure records, account statements, and material showing that continued retention is unnecessary. The proper remedy depends on whether the property is in police custody, produced before a court, or affected by a separate statutory attachment or freezing order.
Frequently asked questions
What is Section 102 CrPC?
It is the former criminal procedure provision authorising police seizure of property suspected to be stolen or connected with suspected offences, subject to reporting and custody requirements.
What is the corresponding section under BNSS?
Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Can police freeze a bank account?
Bank accounts may be covered where the legal requirements for seizure are satisfied. The validity of a particular freeze depends on the circumstances and the applicable law.
Must police report seizure to a Magistrate?
Yes. Section 102(3) CrPC and Section 106(3) BNSS require the officer to report the seizure forthwith to the Magistrate having jurisdiction.
Official legislation and further reading
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023
- National Crime Records Bureau: BNSS chapter-wise statutory text
- CrPC provisions and section index
This article provides general legal information. Specific seizure, freezing and release questions require examination of the record and applicable statutory provisions.