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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter VII: Processes To Compel The Production Of Things

Section 106 BNSS: Power of police officer to seize certain property

Corresponding CrPC
Section 102 CrPC

Bare Act text

(1) 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.

(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.

(3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court, or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation, he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same:

Provided that where the property seized under sub-section (1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provisions of sections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Allows any police officer to seize property alleged or suspected to be stolen or found in circumstances creating suspicion of an offence. A subordinate officer must report the seizure to the officer in charge of the police station, and the officer must report to the Magistrate having jurisdiction.

Chapter VII: Processes To Compel The Production Of Things

  1. 94 Summons to produce document or other thing
  2. 95 Procedure as to letters
  3. 96 When search-warrant may be issued
  4. 97 Search of place suspected to contain stolen property, forged documents, etc
  5. 98 Power to declare certain publications forfeited and to issue search-warrants for same
  6. 99 Application to High Court to set aside declaration of forfeiture
  7. 100 Search for persons wrongfully confined
  8. 101 Power to compel restoration of abducted females
  9. 102 Direction, etc., of search-warrants
  10. 103 Persons in charge of closed place to allow search
  11. 104 Disposal of things found in search beyond jurisdiction
  12. 105 Recording of search and seizure through audio video electronic means
  13. 106 Power of police officer to seize certain property
  14. 107 Attachment, forfeiture or restoration of property
  15. 108 Magistrate may direct search in his presence
  16. 109 Power to impound document, etc., produced
  17. 110 Reciprocal arrangements regarding processes