Power of a Police Officer does not extend to seizure of an immovable property

Last updated: 20 December 2022

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Quick Summary

The Supreme Court has clarified that a police officer's power to seize property under Section 102 of the Code of Criminal Procedure does not extend to immovable property. While documents related to immovable property can be seized, the physical property itself cannot be attached, seized, or sealed by the police. Disputes over the title and possession of immovable property must be resolved in civil courts.

Court :
Supreme Court of India

Brief :
Reference is answered by holding that the power of a police officer under Section 102 of the Code to seize any property, which may befound under circumstances that create suspicion of the commission of any offence, would not include the powerto attach, seize and seal an immovable property.

Citation :
Criminal Appeal No.1481 of 2019 [@ S L P (CRL) No. 1513 of 2011]

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Judgement posted by

FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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