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

Explanation using Example

Example 1:

Scenario: A police officer on patrol in a busy market area notices a man trying to sell a brand-new smartphone at a very low price. The officer suspects that the phone might be stolen.

Application of the Act:

1. Seizure: The police officer seizes the smartphone under Section 106(1) as it is suspected to be stolen property.
2. Reporting: Since the officer is a constable, he immediately reports the seizure to the officer in charge of the police station as required by Section 106(2).
3. Magistrate Notification: The officer in charge then reports the seizure to the Magistrate having jurisdiction over the area, as per Section 106(3).
4. Custody: Given that the smartphone is small and can be easily transported, it is kept in the police station's custody until further orders from the Court.

Example 2:

Scenario: During a raid on a warehouse, police officers find a large quantity of unaccounted gold jewelry. The circumstances suggest that the jewelry might be linked to a recent burglary.

Application of the Act:

1. Seizure: The police officers seize the gold jewelry under Section 106(1) due to the suspicion of it being stolen property.
2. Reporting: The officers report the seizure to their superior officer at the police station as required by Section 106(2).
3. Magistrate Notification: The officer in charge reports the seizure to the Magistrate having jurisdiction, as per Section 106(3).
4. Custody: Since the gold jewelry is valuable and requires secure storage, the police decide to give custody of the jewelry to a reputable jeweler who executes a bond to produce the jewelry before the Court when required. This is done to ensure the jewelry is kept safe and secure until the Court decides on its disposal.

Example 3:

Scenario: A police officer finds a bag of perishable fruits left unattended at a bus stop. The officer suspects it might be stolen or abandoned property.

Application of the Act:

1. Seizure: The police officer seizes the bag of fruits under Section 106(1) due to the suspicion of it being stolen or abandoned.
2. Reporting: The officer reports the seizure to the officer in charge of the police station as required by Section 106(2).
3. Magistrate Notification: The officer in charge reports the seizure to the Magistrate having jurisdiction, as per Section 106(3).
4. Auction: Since the fruits are perishable and their value is less than five hundred rupees, the Superintendent of Police orders the fruits to be sold by auction immediately. The proceeds from the auction are handled according to Sections 503 and 504, ensuring the money is properly accounted for and managed.

Example 4:

Scenario: During a traffic stop, a police officer finds a suspicious package in the trunk of a car. The package contains a large sum of cash, and the driver cannot provide a satisfactory explanation for its origin.

Application of the Act:

1. Seizure: The police officer seizes the cash under Section 106(1) due to the suspicion of it being linked to an offence.
2. Reporting: The officer reports the seizure to the officer in charge of the police station as required by Section 106(2).
3. Magistrate Notification: The officer in charge reports the seizure to the Magistrate having jurisdiction, as per Section 106(3).
4. Custody: Given the large amount of cash, the police decide to deposit it in a secure bank account under the Court's orders, ensuring it is safely stored until the investigation is complete and the Court decides on its disposal.