Section 25 of the Police Act, 1861: Unclaimed Property and Magistrate's Orders
Section 25 requires police officers to take charge of unclaimed property, prepare an inventory for the District Magistrate, and follow the Magistrate's orders regarding disposal. The provision deals with custody and accountability; it does not itself transfer ownership to the police.
Bare Act Text: Section 25
It shall be the duty of every police-officer to take charge of all unclaimed property, and to furnish an inventory thereof to the Magistrate of the district. The police-officers shall be guided as to the disposal of such property by such orders as they shall receive from the Magistrate of the district.
This is the statutory text reproduced from the original webpage. The application of the Police Act, 1861 must be considered alongside the police law and procedural law in force in the relevant State or Union Territory.
Meaning and Scope of Section 25
The section places two linked obligations on police officers: securing property for which no claimant is presently identified or available, and placing the matter before the competent Magistrate rather than independently deciding how the property should ultimately be disposed of.
What is unclaimed property?
For the purpose of understanding this provision, unclaimed property generally means property found or coming into police custody for which no person has immediately asserted or established a lawful claim. It may include articles found in public places or belongings left behind. Whether an article is truly unclaimed, lost, stolen, seized as evidence, or subject to a competing ownership claim is a factual and legal question.
What does taking charge mean?
Taking charge means securing and maintaining custody of the property in accordance with applicable law and departmental procedures. It does not give the officer a personal right to use, sell or appropriate it.
What is an inventory?
An inventory is an itemised record of property, typically identifying its description, quantity, distinguishing marks and other particulars needed for accountability. Section 25 specifically requires an inventory to be furnished to the Magistrate of the district.
Who orders disposal?
The Magistrate of the district is the authority referred to in the text of Section 25. The police must act in accordance with the orders received. The appropriate Magistrate, procedure and form of order in an actual case depend on the current statutory framework and local rules.
Practical Procedure for Handling Unclaimed Property
- Secure the property: protect the article from loss, tampering, damage or unauthorised use.
- Record the particulars: note where, when and how it was found or received, and prepare a suitable inventory or property register entry.
- Check for a lawful claimant: examine available identifying details and follow applicable notice or verification requirements.
- Report to the competent authority: furnish the required inventory to the Magistrate and comply with applicable reporting requirements.
- Follow the disposal order: release, retain, transfer, auction or otherwise deal with the property only under legally valid authority and prescribed procedures.
These are explanatory steps, not a substitute for the precise procedure required by applicable law, standing orders or judicial directions.
Relationship with Current Criminal Procedure Law
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024 and replaced the Code of Criminal Procedure, 1973 for new proceedings, subject to its saving and transitional provisions. Its provisions on police seizure and Magistrate-supervised custody or disposal of property may be relevant depending on the circumstances. Section 25 of the Police Act should therefore not be read as a complete, stand-alone code for all seized or unclaimed articles.
Illustrative Situations
| Situation | Legal consideration |
|---|---|
| A lost bag is handed to a police station. | Record and safeguard the bag, attempt identification and follow the applicable reporting and return procedure. |
| Cash or valuables are found with no immediate claimant. | Prepare an accurate inventory, ensure secure custody and obtain any necessary competent-authority orders. |
| An item is suspected to be stolen property. | Investigation and seizure provisions may apply in addition to or instead of the general unclaimed-property process. |
| Two persons claim the same article. | Police should not resolve contested title merely by informal preference; applicable legal procedures and competent orders govern. |
Related Provisions of the Police Act, 1861
Section 20 addresses the statutory limits of police authority; Section 22 addresses the duty status and deployment of police officers; Section 23 sets out general police duties; and Section 24 concerns approaching a Magistrate for legal process.
Frequently Asked Questions
Can police keep unclaimed property permanently?
Section 25 does not itself authorise permanent appropriation by police. Disposal must follow lawful orders and applicable statutory procedures.
Can the owner ask for the return of property?
A person asserting ownership may submit supporting evidence and request return through the appropriate police or judicial process. The applicable procedure depends on how the property came into custody and whether it is connected with a case.
Does Section 25 apply in every Indian State?
Not necessarily in the same form. Police is principally a State subject, and local police enactments, amendments and special provisions can change the position. Check the law applicable to the jurisdiction.
Official Legal Sources
For the authoritative text and updates, consult the India Code official legislation database and the Ministry of Home Affairs. Search for the Police Act, 1861 and the Bharatiya Nagarik Suraksha Sanhita, 2023, and check relevant State legislation and notifications.
Legal information reviewed for publication: 1 November 2026. This article is general information and does not replace case-specific legal advice or the official statutory text.