Section 102 of CrPC : Section 102: Power Of Police Officer To Seize Certain Property

Explanation using Example

Imagine a police officer patrolling a neighborhood when they notice a person acting suspiciously with a bag full of electronic devices. The officer approaches and questions the individual, who is unable to provide a satisfactory explanation or proof of ownership for the items. Suspecting that the electronics might be stolen, the officer invokes Section 102(1) of The Code of Criminal Procedure, 1973, and seizes the property.

After the seizure, the officer, who is not in charge of the local police station, follows Section 102(2) by immediately reporting the incident and the seizure to the officer in charge of the nearest police station. The officer in charge then takes over the responsibility for the seized items.

Subsequently, the officer in charge, under Section 102(3), reports the seizure to the jurisdictional Magistrate. Since the items are electronic and can be easily stored, they are kept in the police station as evidence. However, if the items were bulky or perishable, the officer could have arranged for their storage with a responsible person outside the police station, provided that person signed a bond to produce the items in court when required.