Section 67 Delhi Police Act, 1978: Procedure for Disposal of Unclaimed Property

Section 67: Statutory provision

The following reproduces the three subsections contained in the Delhi Police Act:

(1) Where any property has been taken charge of under sub-section (1) of section 66, the Commissioner of Police shall issue a proclamation specifying the articles of which such property consists and requiring that any person who may have a claim thereto shall appear before him or some other officer whom he authorises in this behalf and establish his claim within six months from the date of such proclamation.

(2) If the property, or any part thereof, is subject to speedy and natural decay or consists of livestock or if the property appears to be of the value of less than fifty rupees, it may forthwith be sold by auction under the orders of the Commissioner of Police and the net proceeds of such sale shall be dealt with in the same manner as is hereinafter provided for the disposal of the said property.

(3) Where any person who has a claim to the property is required by the proclamation under sub-section (1) to appear before the other officer authorised by the Commissioner of Police in that behalf and establish his claim, such officer shall forward the record of the proceedings before him with his findings thereon to the Commissioner of Police.

Meaning and application of Section 67

Section 67(1): Proclamation and six-month period

Once police have taken temporary charge of property under Section 66(1), the Commissioner of Police must issue a proclamation identifying the articles and inviting anyone claiming an interest to establish that claim. The period prescribed by this subsection is six months from the date of the proclamation, not six months from the date the property was found.

A proclamation is an official public announcement. A claimant may be directed to appear before the Commissioner or an officer specifically authorised for this purpose. The claimant must establish entitlement; merely asserting ownership does not automatically require release of the property.

Section 67(2): Early auction of certain property

The law allows prompt auction, under the Commissioner's orders, where property is liable to speedy and natural decay, consists of livestock, or appears to be worth less than fifty rupees. These are alternatives, not cumulative conditions. The Rs 50 threshold is the figure in the statutory text; it should not be silently updated for inflation without an amending law.

The auction is not an unrestricted forfeiture. The net sale proceeds stand in place of the property and must be dealt with according to the subsequent statutory disposal provisions.

Section 67(3): Findings of an authorised officer

When the Commissioner has authorised another officer to receive and examine claims, that officer must send the record of proceedings and findings to the Commissioner of Police. This provides a record for the subsequent decision concerning the claimant's entitlement.

How the unclaimed-property process works

1. Temporary custody: Police take charge of property in the circumstances specified by Section 66 and provide an inventory to the Commissioner.
2. Public notice: The Commissioner issues a proclamation identifying the articles and inviting claims within six months.
3. Claim inquiry: The claimant appears before the Commissioner or authorised officer with material establishing entitlement.
4. Exceptional auction: Perishable property, livestock or property apparently worth less than Rs 50 may be auctioned promptly under the Commissioner's orders; net proceeds remain subject to the statutory disposal process.
5. Final handling: Claims and any unclaimed property or proceeds are dealt with under Section 68 and Section 69, as applicable.

What should a person claiming property do?

A person who believes property described in a proclamation belongs to them should approach the authority named in the notice within the prescribed period and present available evidence such as a purchase invoice, serial number, identifying photographs or other reliable proof. The precise documents depend on the property and the nature of the claim.

Section 67 concerns property taken under Section 66. Property seized as evidence of an offence may be subject to a different procedure under applicable criminal procedural law; the two regimes should not be treated as interchangeable.

Related provisions and official legal sources

Section 66 establishes the duty to take temporary charge and prepare an inventory; Section 68 concerns delivery to the entitled person; and Section 69 addresses property where no claim is established.

For the authoritative text and any subsequent amendments, consult the Delhi Police Act, 1978 (India Code PDF), the India Code legislative database and the Delhi Police Acts and Rules portal.

Frequently asked questions

How long can someone claim property under Section 67?

The proclamation must invite claimants to establish their claims within six months from the date of the proclamation.

Can the police auction unclaimed property before six months?

Section 67(2) permits an immediate auction under the Commissioner's orders for property liable to speedy decay, livestock, or property apparently worth less than Rs 50. Net proceeds are dealt with under the later disposal provisions.

Who decides a claim?

A claim may be presented before the Commissioner or an authorised officer. An authorised officer must forward the proceedings and findings to the Commissioner.