Section 106 BNSS: Power of police officer to seize certain property (Formerly Section 102 CrPC)

Section 106 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power of police officer to seize certain property

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Legal Commentary & Landmark Judgments: Section 106

Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines the power of police officers to seize suspicious, stolen, or crime-linked property.

Core Legal Standard: Section 106 authorizes any police officer to 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.
Sub-Section (3) Provision: Sub-section (3) obligates the officer to report the seizure forthwith to the Magistrate having jurisdiction.
Operational Mechanism: If the property cannot be conveniently transported, the officer may entrust custody to any person executing a bond.

The proviso permits prompt auction of perishable property valued under five hundred rupees under orders of the Superintendent of Police.

Key Landmark Precedents:

State of Maharashtra v. Tapas D. Neogy (1999) 7 SCC 685: The Supreme Court authoritatively settled that bank accounts constitute 'property' under Section 102 CrPC (Sec 106 BNSS) liable to seizure or freezing if directly linked to commission of an alleged offence.
Nevada Properties Pvt. Ltd. v. State of Maharashtra (2019) 20 SCC 119: Held that Section 102 CrPC does not authorize police officers to seize or take possession of immovable property during investigation, preserving the sanctity of real estate title.

Legal Commentary:

Section 106 is widely invoked to freeze bank accounts during financial fraud and cybercrime investigations. Because Section 106(3) mandates forthwith reporting to the Magistrate, failure by police to notify the Magistrate immediately gives the account holder an immediate ground to challenge the freeze before the High Court.