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What is Power of police officer to seize certain property? What is Magistrate may direct search in his presence? What is Power to impound document, etc., produced? What is Reciprocal arrangements regarding processes? Section 102, 103, 104 and 105 of Code of Criminal Procedure 1973

Power of police officer to seize certain property, Magistrate may direct search in his presence, Power to impound document, etc., produced, Reciprocal arrangements regarding processes are defined under Section 102, 103, 104 and 105 of CRPC 1973. Provisions under these sections are:

 

 

Section 102 of CRPC "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.

1 [(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, 2 [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 giveeffect to the further orders of the Court as to the disposal of the same:]

3 [Provided that where the property seized under sub-section (1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.]

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1. Ins. by Act 45 of 1978, s. 10 (w.e.f. 18-12-1978).

2. Ins. by Act 25 of 2005, s. 13 (w.e.f. 23-6-2006).

1. Added by Act 25 of 2005, s. 13 (w.e.f. 23-6-2006)

 

Section 103 of CRPC "Magistrate may direct search in his presence"
Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.

Section 104 of CRPC "Power to impound document, etc., produced"

Any Court may, if it thinks fit, impound any document or thing produced before it under this Code

 

Section 105 of CRPC "Reciprocal arrangements regarding processes"

(1) Where a Court in the territories to which this Code extends (hereafter in this section referred to as the said territories) desires that-

(a) a summons to an accused person, or

(b) a warrant for the arrest of an accused person, or

(c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or

(d) a search-warrant,

2 [issued by it shall be served or executed at any place,-

(i) within the local jurisdiction of a Court in any State or area in India outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that Court to be served or executed; and where any summons referred to in clause (a) or clause (c) has
been so served, the provisions of section 68 shall apply in relation to such summons as if the presiding officer of the Court to whom it is sent were a Magistrate in the said territories;

(ii) in any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country or place for service or execution of summons or warrant in relation to criminal matters (hereafter in this section referred to as the contracting State, it may send such summons or warrant in duplicate in such form, directed to such Court, Judge or Magistrate, and send to such authority for transmission, as the Central Government may, by notification, specify in this behalf.]

(2) Where a Court in the said territories has received for service or execution-

(a) a summons to an accused person, or

(b) a warrant for the arrest of an accused person, or

(c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or

(d) a search-warrant,

1 [issued by-

(I) a Court in any State or area in India outside the said territories;

(II) a Court, Judge or Magistrate in a contracting State,

it shall cause the same to be served or executed] as if it were a summons or warrant received by it from another Court in the said territories for service or execution within its local jurisdiction; and where-

(i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure prescribed by sections 80 and 81,

(ii) a search-warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure prescribed by section 101:

1 [Provided that in a case where a summons or search-warrant received from a contracting State has been executed, the documents or things produced or things found in the search shall be forwarded to the Court issuing the summons or search-warrant through such authority as the Central Government may, by notification, specify in this behalf.]

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1. Subs. by Act 32 of 1988, s. 2, for certain words (w.e.f. 25-5-1988).

2. Ins. by Act 32 of 1988, s. 2 (w.e.f. 25-5-1988)

 

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