Bharatiya Nagarik Suraksha Sanhita, 2023
Section 106 BNSS: Power of Police Officer to Seize Certain Property
Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) authorises a police officer to seize property alleged or suspected to have been stolen, or property found in circumstances creating suspicion that an offence has been committed. The provision also prescribes immediate reporting duties and rules for custody of seized property.
Text of Section 106 BNSS
106. Power of police officer to seize certain property.
(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.
Proviso: Where property seized under sub-section (1) is subject to speedy and natural decay, the person entitled to possession is unknown or absent, and the value of the property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police. Sections 503 and 504 apply, as nearly as practicable, to the net sale proceeds.
What Section 106 Means
The provision creates a statutory police power of seizure in two broad situations: first, where property is alleged or suspected to be stolen; and second, where the circumstances in which property is found create suspicion that an offence has been committed. The power therefore focuses on the relationship between the property and suspected criminal activity.
1. Property alleged or suspected to be stolen
A police officer may seize property even at the stage of allegation or reasonable suspicion. Final proof that the property is stolen is not a precondition written into Section 106(1). The seizure remains subject to the procedural safeguards and judicial supervision provided by the BNSS.
2. Property connected with suspicious circumstances
The second part of sub-section (1) applies when the circumstances surrounding the property create suspicion of the commission of an offence. This wording is broader than stolen property alone, but the existence of suspicious circumstances connecting the property with an offence remains material.
3. Duty of a subordinate police officer
If the officer making the seizure is subordinate to the officer in charge of the police station, Section 106(2) requires the seizure to be reported forthwith to that officer in charge.
4. Mandatory report to the Magistrate
Under Section 106(3), every police officer acting under sub-section (1) must report the seizure forthwith to the Magistrate having jurisdiction. This provides judicial oversight over property seized by police.
5. Custody instead of transporting property to Court
Where the seized property cannot conveniently be transported to Court, suitable accommodation is difficult to secure, or continued police custody is unnecessary for investigation, the officer may entrust the property to a person who executes a bond. The person must undertake to produce the property before the Court when required and comply with further orders concerning its disposal.
6. Perishable property of low value
The proviso permits speedy disposal of property subject to natural decay where the person entitled to possession is unknown or absent and the statutory value condition is satisfied. Such property may be sold by auction under the orders of the Superintendent of Police, with the net proceeds dealt with in accordance with Sections 503 and 504 as nearly as practicable.
Key Duties Under Section 106
| Situation | Requirement |
|---|---|
| Property alleged or suspected to be stolen | Police officer may seize it under Section 106(1). |
| Property found in circumstances suggesting an offence | Police officer may seize it where those circumstances create the required suspicion. |
| Seizure by subordinate officer | Report forthwith to the officer in charge of the police station. |
| Every seizure under sub-section (1) | Report forthwith to the Magistrate having jurisdiction. |
| Property difficult to transport or retain | Custody may be entrusted on execution of a bond to produce it when required. |
| Low-value property subject to speedy natural decay | Subject to the proviso, it may be auctioned under the orders of the Superintendent of Police. |
Section 106 BNSS and Section 105 BNSS
Section 105 deals with audio-video recording of the process of search and seizure in the situations covered by that provision, while Section 106 separately provides the substantive police power to seize certain property and sets out reporting and custody requirements. Readers dealing with an actual search or seizure should therefore examine the surrounding BNSS provisions together.
Official Legal Sources
For the authoritative statutory text, see the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The Ministry of Home Affairs also maintains its official New Criminal Laws page, including the BNSS text and related material.
Practical Significance
Section 106 combines an investigatory power with prompt reporting requirements. Police may act to secure property connected with suspected criminal activity, but the seizure must be brought within the supervisory framework specified by the statute. The provisions concerning custody, bond and perishable property are intended to avoid unnecessary physical retention while preserving the Court's authority over the property.
This article explains the statutory provision for general legal information. Application to a particular seizure depends on the facts, the nature of the property, the investigation and any judicial orders passed in the case.