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Section 105 BNSS to Section 109 BNSS| Section 106 BNSS| Section 100 BNSS| Section 100 BNSS|

Updated: Feb 6

C.—Miscellaneous


Section 105 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Recording of search and seizure through audiovideo electronic means.


The process of conducting search of a place or taking possession of any property, article or thing under this Chapter or under section 185, including preparation of the list of

all things seized in the course of such search and seizure and signing of such list by witnesses, shall be recorded through any audio-video electronic means preferably cell phone and the police officer shall without delay forward such recording to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.


Section 106 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


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.


(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, 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 give effect to the further orders

of the Court as to the disposal of the same:


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 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such sale.


Section 107 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Attachment, forfeiture or restoration of property.


(1) Where a police officer making an investigation has reason to believe that any property is derived or obtained, directly or indirectly, as a result of a criminal activity or from the commission of any offence, he may, with the approval of the Superintendent of Police or Commissioner of Police, make an application to the Court or the Judicial Magistrate exercising jurisdiction to take cognizance of the offence or commit for trial or try the case, for the attachment of such property.


(2) If the Court or the Judicial Magistrate has reasons to believe, whether before or after taking evidence, that all or any of such properties are proceeds of crime, the Court or the Magistrate may issue a notice upon such person calling upon him to show cause within a period of fourteen days as to why an order of attachment shall not be made.


(3) Where the notice issued to any person under sub-section (2) specifies any property as being held by any other person on behalf of such person, a copy of the notice shall also be served upon such other person.


(4) The Court or the Judicial Magistrate may, after considering the explanation, if any, to the show-cause notice issued under sub-section (2) and the material fact available before such Court or Magistrate and after giving a reasonable opportunity of being heard to such person or persons, may pass an order of attachment, in respect of those properties which are found to be the proceeds of crime:

Provided that if such person does not appear before the Court or the Magistrate or represent his case before the Court or Judicial Magistrate within a period of fourteen days specified in the show-cause notice, the Court or the Judicial Magistrate may proceed to pass the ex-parte order.


(5) Notwithstanding anything contained in sub-section (2), if the Court or the Judicial Magistrate is of the opinion that issuance of notice under the said sub-section would defeat the object of attachment or seizure, the Court or Judicial Magistrate may by an interim order passed ex-parte direct attachment or seizure of such property, and such order shall remain in force till an order under sub-section (6) is passed.


(6) If the Court or the Judicial Magistrate finds the attached or seized properties to be the proceeds of crime, the Court or the Judicial Magistrate shall by order direct the District Magistrate to rateably distribute such proceeds of crime to the persons who are affected by such crime.


(7) On receipt of an order passed under sub-section (6), the District Magistrate shall, within a period of sixty days distribute the proceeds of crime either by himself or authorise any officer subordinate to him to effect such distribution.


(8) If there are no claimants to receive such proceeds or no claimant is ascertainable or there is any surplus after satisfying the claimants, such proceeds of crime shall stand forfeited to the Government.


Explanation.—For the purposes of this section, the word ‘‘property’’ and the expression ‘‘proceeds of crime’’ shall have the meaning assigned to them in clause (d) of section 111.


Section 108 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


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 109 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Power to impound document, etc., produced.


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

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