With regard to seizure of property under the Code of Criminal Procedur

With regard to seizure of property under the Code of Criminal Procedure, 1973, consider the following statements :

1. A police officer not below the rank of Sub-Inspector of Police conducting an investigation for identifying unlawfully acquired property can make an order for seizing the property under investigation if he has reason to believe that the property in question may be concealed or transferred in any manner.
2. An order made as above shall have no effect unless the same is confirmed by an order of the court within thirty days of its being made.

Which of the statements given above is/are correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CISF-AC-EXE – 2024

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The correct answer is A because only statement 1 is correct regarding seizure of property under the Code of Criminal Procedure, 1973 in the context described.

– Statement 1: Section 102(1) of CrPC allows any police officer to seize any property found under circumstances that create suspicion of the commission of any offence. Unlawfully acquired property is property acquired through the commission of an offence (e.g., corruption, fraud). Therefore, a police officer can seize such property. The condition about the rank of Sub-Inspector might be based on specific police rules or state amendments, or simply indicative of the level of investigation where such property is typically identified. Assuming this specific context is valid for the question, the core power to seize suspected property exists. The reason for belief about concealment or transfer is a valid ground for exercising seizure power.
– Statement 2: CrPC does not contain a general provision requiring an order of seizure made by a police officer under Section 102 to be confirmed by a court within thirty days to have effect. A police officer seizing property under Section 102 must report the seizure to the Magistrate (Section 102(3)). The Magistrate then takes appropriate action regarding custody and disposal (Sections 451-457). This requirement for court confirmation within a specific timeframe is found in special laws like the Prevention of Money Laundering Act (PMLA) for attachment of property, but not as a general rule for seizures under CrPC Section 102.

While CrPC provides general powers of seizure, specific procedures for dealing with ‘unlawfully acquired property’, particularly in the context of economic and anti-corruption offences, are often detailed in special laws (like Prevention of Corruption Act, PMLA) which may incorporate or supplement CrPC provisions. However, the question asks specifically under CrPC, where Section 102 is the primary basis for police seizure of suspected property.

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