सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 106

Power of police officer to seize certain property

Why this exists

This provision descends from Section 102 of the old Code of Criminal Procedure, 1973, and reflects a long-standing need to let police act quickly when they come across stolen goods or suspicious property—without waiting for a court order—while still keeping courts in the loop so the process isn't misused. The BNSS reworded it and added a clearer mechanism (via the proviso) for disposing of cheap, perishable seized items quickly, avoiding waste and storage burdens on police stations.

How courts read it

Under the equivalent CrPC provision, courts clarified important limits. In State of Maharashtra v. Tapas D. Neogy (1999), the Supreme Court held that 'property' under this power includes bank accounts, allowing police to freeze suspect funds during investigation. Later, in Nevada Properties Pvt. Ltd. v. State of Maharashtra (2019), the Supreme Court ruled that police cannot 'seize' immovable property (like land or buildings) under this section—at most they can restrict its transfer—because physical seizure of immovable property doesn't make practical sense the way it does for movable goods. These interpretations are expected to guide how the BNSS provision is applied too, though courts will need to confirm this under the new law.

Common misconceptions
  • Myth: Police can permanently keep or sell any property they seize.
    Fact: Except for the narrow case of cheap, perishable goods with an unknown owner, seized property must be reported to a Magistrate, and its final disposal (return, auction, evidence use) is decided by the court, not by the police alone.
  • Myth: This section lets police seize houses or land just like they seize stolen goods.
    Fact: Courts interpreting the equivalent CrPC provision (Nevada Properties, 2019) held that immovable property cannot be physically 'seized' under this kind of power; police can at most prevent its transfer, not take possession of land or buildings.