Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 505: Procedure by police upon seizure of property.
(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Sanhita, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.
Brefe Detail
This section outlines the procedure for police when they seize property. It details how a Magistrate can order the disposal or delivery of such property, depending on whether the rightful owner can be identified. If the owner is unknown, the Magistrate must issue a proclamation to allow any claims on the property.
Question & Answers
What happens when property is seized by the police?
When property is seized, it must be reported to a Magistrate, who will determine the disposal or delivery of the property.
What can the Magistrate do if the rightful owner is known?
If the rightful owner is known, the Magistrate may order the property to be delivered to him under certain conditions.
What if the rightful owner cannot be identified?
If the rightful owner cannot be identified, the Magistrate may detain the property and issue a proclamation for claims.
How long do claimants have to establish their claim?
Claimants must establish their claim within six months from the date of the proclamation.
Example
1. Example of Known Owner: A police officer seizes a stolen bike. The owner, whose details are known, can claim the bike, and the Magistrate orders its return under specified conditions.
2. Example of Unknown Owner: A police officer seizes a bag of cash without knowing who it belongs to. The Magistrate detains the cash and issues a proclamation for any claimants to come forward within six months.
Summary
Section 505 establishes the protocol for the handling of seized property by police, detailing the Magistrate's role in either returning the property to a known owner or issuing a proclamation for claims if the owner is unknown. The section ensures due process in the handling of seized assets, balancing the rights of individuals with the needs of law enforcement.
