CrPC Section 102
Section 102 of the Criminal Procedure Code (CrPC), 1973 – Power of Police Officer to Seize Certain Property
Overview:
Section 102 of the CrPC empowers a police officer to seize any property which may be alleged or suspected to have been stolen, or which is found under circumstances that create suspicion of it being linked to a crime. This provision helps in preserving evidence and preventing its misuse or destruction during a criminal investigation.
Text of Section 102 (Simplified):
Power to Seize:
Any police officer can seize any property that is:
Alleged or suspected to be stolen, or
Found under circumstances that create suspicion it was used in, or connected to, a crime.
Reporting to Magistrate:
The officer must report the seizure to the Magistrate having jurisdiction over the area where the seizure took place.
Handling of Seized Property:
If the property is in the custody of a banker or other person, the police cannot remove it without prior permission from a Magistrate.
Detailed Explanation:
Who Can Seize Property?
Any police officer, regardless of rank, can exercise this power during the course of an investigation.
Types of Property Covered:
Stolen property
Items suspected to be linked to criminal activity
Items found in suspicious circumstances, even if their ownership or origin is unclear
Why is Seizure Important?
To preserve evidence for trial
To prevent tampering, sale, or destruction of material evidence
To establish the connection between the crime and the accused
Procedure After Seizure:
A detailed seizure report must be submitted to the Magistrate.
The property may later be:
Returned to the rightful owner,
Kept in court custody,
Used as trial evidence.
Special Rule for Banks and Institutions:
If the property is held by a banker or institution (e.g., bank lockers, safe deposits), the police cannot remove or seize it directly.
They must first seek permission from a Magistrate, adding a layer of legal oversight.
Limitations and Safeguards:
Seizure must be justified by suspicion connected to a crime.
Arbitrary or baseless seizures can be challenged in court.
Magistrates play a key role in reviewing and supervising the seizure process.
Practical Implications:
Commonly used during police investigations involving theft, fraud, corruption, smuggling, cybercrime, etc.
Protects the integrity of evidence in criminal trials.
Encourages lawful conduct and judicial oversight in property seizures.
Example:
If the police find a large sum of unaccounted cash in a car during a checkpoint inspection and suspect it is linked to illegal activity, they can seize the cash under Section 102 and report the seizure to the Magistrate.
Summary:
Section 102 of the CrPC empowers police officers to seize stolen or suspicious property, with the obligation to report the seizure to a Magistrate. If the property is held by a bank or similar institution, Magistrate approval is required before removal, ensuring transparency and protection against misuse.
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