Empowers police officers to seize property suspected to be linked with offences during investigation.
Ensures preservation of evidence and prevention of unlawful disposal of suspected property.
Introduction
Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) authorizes a police officer to seize property suspected to be stolen or connected with the commission of any offence. The provision enables immediate action during investigation where delay in securing property may result in destruction, concealment, or transfer of evidence.
It plays a crucial role in safeguarding material evidence necessary for effective criminal investigation.
Objective of the Provision
The objectives of Section 106 BNSS are
- to empower police officers to secure suspected stolen or incriminating property
- to prevent destruction or concealment of evidence
- to facilitate effective investigation of criminal offences
- to ensure production of seized property before competent judicial authority
The provision strengthens investigative efficiency through timely seizure powers.
Meaning / Concept
Seizure of Property Connected with Offence
Seizure refers to taking lawful possession of property believed to be
- stolen property
- property suspected to be used in commission of an offence
- property derived from criminal activity
Such seizure ensures preservation of evidence for investigation and trial.
Police Authority Without Prior Warrant
Unlike search warrants issued by courts, this provision allows police officers to act immediately where reasonable suspicion exists regarding involvement of property in an offence.
Thus, the provision supports urgent investigative action.
Detailed Explanation of the Section
Section 106 BNSS provides that
- any police officer may seize property which may be
- alleged or suspected to be stolen, or
- found under circumstances creating suspicion of commission of any offence
- the police officer shall report such seizure to the Magistrate having jurisdiction
- where seizure is made by an officer subordinate to the officer in charge of a police station, the seizure must also be reported to the officer in charge
Key features include
- applicability to stolen or suspicious property
- authority vested in police officers during investigation
- mandatory reporting to jurisdictional Magistrate
- supervisory role of officer in charge of police station
These safeguards ensure accountability in exercise of seizure powers.
Procedure or Legal Framework
The procedural framework under Section 106 BNSS generally includes
- identification of property suspected to be stolen or connected with offence
- seizure of property by police officer
- preparation of seizure memo or record
- reporting seizure to officer in charge of police station where applicable
- submission of report before jurisdictional Magistrate
- preservation of seized property as case property
This mechanism ensures legality and traceability of seized evidence.
Judicial Interpretation
Courts have consistently emphasized that seizure powers must be exercised based on reasonable suspicion and followed by prompt reporting to Magistrate.
In State of Maharashtra v. Tapas D. Neogy (1999) 7 SCC 685, the Supreme Court held that bank accounts linked to offences may be treated as property subject to seizure under criminal procedure law.
In Nevada Properties Pvt. Ltd. v. State of Maharashtra (2019) 20 SCC 119, the Supreme Court clarified the scope of seizure powers and emphasized that such authority must remain within statutory limits.
In M.T. Enrica Lexie v. Doramma (2012) 13 SCC 431, the Court reiterated that seizure of property must follow statutory safeguards and remain subject to judicial supervision.
These decisions reinforce controlled exercise of seizure powers under Section 106 BNSS.
Importance of the Provision
Section 106 BNSS is important because
- it enables prompt seizure of incriminating property
- it prevents concealment or disposal of evidence
- it supports effective criminal investigation
- it ensures judicial oversight through reporting requirements
The provision plays a central role in preservation of material evidence during investigation.
Connection with Other Sections
Section 106 BNSS operates alongside related provisions governing search and seizure
- Section 94 BNSS – Summons to produce document or other thing
- Section 96 BNSS – When search-warrant may be issued
- Section 102 BNSS – Direction, etc., of search-warrants
- Section 105 BNSS – Recording of search and seizure through audio video electronic means
Corresponding Provision under Old Law
Section 106 BNSS corresponds to Section 102 of the Code of Criminal Procedure, 1973.
Illustrative Example
During investigation of a theft case, a police officer discovers electronic devices suspected to have been stolen from the complainant’s residence. The officer seizes the devices and reports the seizure to the jurisdictional Magistrate. This action is valid under Section 106 BNSS.
Conclusion
Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers police officers to seize property suspected to be stolen or connected with criminal offences during investigation. By ensuring prompt preservation of evidence and requiring reporting to judicial authorities, the provision strengthens effectiveness and legality of investigative procedures.
