Section 102 CrPC: Police Power to Seize Property (and the BNSS Equivalent) Explained (2026)

Explainer · Criminal Procedure

Updated for 2026 · Claw Editorial

A bank account is frozen overnight. A vehicle is taken from a client at a police station. Nobody can say under which law, or whether a Magistrate was ever told. In most such cases the power being used is Section 102 of the CrPC. Section 102 of the CrPC gives a police officer the power to seize any property suspected to be connected to an offence, with a duty to report the seizure to the Magistrate. Under the new code, this is Section 106 of the BNSS 2023. This explainer covers what the section says, how far it reaches, and what to check when it is used. It was last verified in October 2026.

01What Section 102 says

Section 102 sits in Chapter VII of the CrPC, under the heading "Power of police officer to seize certain property". It is a short section, but it is used very often in investigations.

• Sub-section (1): any police officer may seize any property that may be alleged or suspected to have been stolen, or that is found under circumstances which create suspicion of the commission of any offence.
• Sub-section (2): a police officer who is below the officer in charge of the police station must report the seizure to that officer without delay.
• Sub-section (3): the officer must forthwith report the seizure to the Magistrate having jurisdiction. If the property cannot be conveniently taken to court, or keeping it is difficult, the officer may hand it to a person on a bond to produce it when the court asks.

Note what is missing. The section does not need a warrant and does not need prior court permission. That speed is the reason the power exists, and also the reason the report to the Magistrate matters so much.

02Scope: what can be seized

Two conditions open the power. The property must be alleged or suspected to be stolen, or it must be found in circumstances that create suspicion of an offence. In practice the police rely on the second limb for most seizures.

A link to the offence is needed

The officer cannot seize property on a mere hunch. There must be a reasonable link between the property and the offence under investigation. Courts have read this requirement strictly, and it is the first point to test in any challenge.

Seizure is not confiscation

Seizure only takes the property into custody during investigation. It does not decide who owns it. The Magistrate later decides on its custody, release on superdari, or disposal, usually under the provisions on disposal of property during inquiry and trial.

Immovable property is a separate question

Courts have held that the section is aimed at movable property, and that the police cannot use it to take over immovable property such as land or buildings. If your matter involves land, check the latest position carefully.

03Can a bank account be frozen under Section 102?

Yes, according to the key Supreme Court position. In State of Maharashtra v. Tapas D. Neogy (1999) 7 SCC 685, the Court held that a bank account is "property" for the purpose of Section 102, so the police can seize it, that is, freeze it, during an investigation.

This is not a blank cheque. The safeguards that matter most are:

• There must be a real link between the account and the suspected offence, shown in the record.
• The freeze should be limited to the amount that is suspected, not the whole account without reason. Several High Courts have criticised blanket freezes, especially in cyber fraud cases.
• The seizure must be reported to the Magistrate forthwith, and the account holder can approach the Magistrate or the High Court to challenge it.

Newer High Court decisions continue to refine this, including on whether prior notice to the account holder is needed. Treat any single High Court ruling as one voice, and check your own court.

04The report to the Magistrate

The duty to report is the main check on this power. Without it, property could sit with the police with no court knowing about it.

The report should say what was seized, from whom, when, and on what suspicion. The word "forthwith" means without delay. Unexplained delay in sending the report is a common ground of challenge, and courts have treated a failure to report as a serious lapse, though the exact consequence depends on the facts.

What to check as defence counsel

• Was a report sent to the Magistrate at all, and on what date?
• Does the seizure memo match what was actually taken?
• Is the link between the property and the offence stated?
• Has an application for release or custody been filed before the Magistrate?

Many of these points depend on the case file, so a clean way to track orders, dates and applications across your criminal matters helps. See our guide to case management software for criminal lawyers. If the seizure is part of an offence the court has not yet taken notice of, it also helps to understand what cognizance means.

05CrPC Section 102 to BNSS Section 106

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC. Section 106 of the BNSS carries over the old Section 102 power to seize property. The core idea is the same: seize suspected property, then report to the Magistrate.

For old cases the transition rules decide which code applies, so check the date of the FIR. Case law written under Section 102 is still widely used as guidance for Section 106, though a court may consider if any wording change matters.

For another common CrPC section moving to the new code, see our explainer on Section 125 CrPC on maintenance.

06Latest judgment note

The law on Section 102 keeps moving, mostly through High Courts and mostly on bank freezes. Three themes keep coming up: the need for a link to the offence, limits on blanket freezing, and the duty to report to the Magistrate on time.

We have not named a recent ruling here because case names and holdings must be checked against the judgment itself before citing. Before you rely on any decision, read the full text, confirm it is still good law, and see whether it was decided under Section 102 CrPC or Section 106 BNSS.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

For a section like this, the practical task is finding the latest rulings from your own High Court and the Supreme Court and checking the citation before you file. Claw lets you search across 30 crore+ judgements for Section 102 and Section 106 decisions, with court-ready citations. Claw has a free plan for individual advocates, and paid plans for teams.

08Sources and further reading

• India Code (CrPC 1973 and BNSS 2023 text): indiacode.nic.in
• Supreme Court of India (official judgments): sci.gov.in
• Claw: clawlaw.in

This is general information, not legal advice. Always check the current statute text and the full judgment.

09Frequently asked questions