Section 66 of the Delhi Police Act, 1978: Police to Take Charge of Unclaimed Property

Section 66 imposes a duty on police officers to take temporary charge of specified unclaimed property and property left in a public street when the person responsible does not remove it after being directed to do so. It also requires an inventory to be furnished to the Commissioner of Police.

Text of Section 66

Meaning and scope of Section 66

Section 66(1)(a): Unclaimed property found or handed over

The first category covers unclaimed property discovered by a police officer or handed over to that officer by another person. The statutory expression temporary charge refers to taking custody for the purpose contemplated by the Act; it does not itself establish that ownership has passed to the police or Government.

Section 66(1)(b): Property lying in a public street

The second category concerns property lying in a public street. Here the provision specifically requires that the owner or person in charge be directed to remove it and that the person refuse or fail to comply. The officer's duty to take temporary charge under this clause follows those statutory conditions.

Section 66(2): Inventory to the Commissioner of Police

After taking charge under subsection (1), the police officer must furnish an inventory of the property to the Commissioner of Police. An inventory is an itemised record identifying the property taken into custody. This reporting requirement supports traceability and accountability; the section does not prescribe a particular inventory form in its text.

Practical procedure and legal safeguards

1. Identify the statutory basis: establish whether the property is unclaimed or falls within the public-street category.
2. Observe the direction requirement: for property in a public street under clause (b), the owner or person in charge must first be directed to remove it and must refuse or fail to do so.
3. Take temporary custody: the property is taken in charge under the Act, without treating mere possession as proof of ownership.
4. Prepare and furnish an inventory: record the articles and furnish the inventory to the Commissioner of Police, as subsection (2) requires.
5. Follow the applicable subsequent procedure: matters concerning custody, claims, delivery and eventual disposal must be considered under Sections 67 to 69 and other applicable law.

These are explanatory steps derived from the provision, not a substitute for any applicable police rules, standing orders or directions.

Related provisions: Sections 67 to 69

Section 67 addresses the procedure for disposal of property taken charge of under Section 66. Section 68 concerns delivery to the person entitled. Section 69 concerns property when no claim is made as contemplated by that provision. Section 66 should therefore be read together with these provisions rather than as a standalone power of permanent confiscation.

Frequently asked questions

Can the police take charge of unclaimed property?

Yes. Section 66(1)(a) imposes a duty to take temporary charge of unclaimed property found by or made over to a police officer.

Can police remove property left on a public street?

Under Section 66(1)(b), the officer must first direct the owner or person in charge to remove the property. The provision applies if that person refuses or fails to do so.

Does Section 66 transfer ownership to the police?

No such transfer is stated in Section 66. It provides for temporary charge and an inventory; subsequent handling is governed by the related provisions and applicable law.

Who receives the inventory?

Section 66(2) requires the police officer taking charge to furnish the inventory to the Commissioner of Police.

Official legal references

• Delhi Police Act, 1978 - India Code (official legislative text, PDF)
• India Code - official central legislation portal
• Delhi Police - Acts and Rules

Legal information only. Consult the currently applicable statutory text, amendments, notifications and relevant rules for a particular matter.