CrPC Section 105K

CrPC Section 105K governs the seizure and custody of property connected to a cognizable offence. It ensures that such property is properly taken into custody by the police or authorized officials to preserve evidence and prevent tampering. Understanding this section helps citizens and law enforcement maintain lawful control over seized items during investigations.

This section plays a crucial role in criminal procedure by outlining how property involved in crimes should be handled. It protects the rights of individuals while enabling authorities to secure evidence effectively. Knowing the procedural safeguards under Section 105K is essential for fair and transparent criminal investigations.

CrPC Section 105K – Exact Provision

This section mandates that any property seized during investigation of a cognizable offence must be taken into official custody. A detailed inventory, called a panchnama, must be prepared immediately, listing the items seized. This document must be signed by two independent witnesses and the person from whom the property was taken. This procedure ensures transparency and accountability in handling evidence.

• Property seized in cognizable offences must be taken into custody.

• A panchnama (inventory) of seized property is mandatory.

• Panchnama must be signed by two witnesses and the person seized from.

• Ensures transparency and prevents tampering of evidence.

• Applies to police and authorized officials.

Explanation of CrPC Section 105K

Section 105K requires police or authorized persons to take custody of property seized during investigation and document it properly. This prevents loss or misuse of evidence.

• The section mandates seizure and custody of property linked to cognizable offences.

• It affects police officers, authorized officials, accused persons, and witnesses.

• Triggering event: seizure of property during investigation.

• Requires preparation of a panchnama with signatures.

• Prohibits seizure without proper documentation or witnesses.

Purpose and Rationale of CrPC Section 105K

This section exists to maintain the integrity of evidence in criminal cases. It protects citizens’ rights by ensuring seized property is documented and preserved properly, preventing misuse or loss. It balances police powers with procedural safeguards to uphold justice.

• Protects rights of individuals whose property is seized.

• Ensures proper procedure in handling evidence.

• Balances police authority and citizen protection.

• Prevents abuse or tampering of seized property.

When CrPC Section 105K Applies

Section 105K applies whenever property is seized in connection with a cognizable offence. It governs the immediate custody and documentation process by police or authorized persons.

• Property must be seized during investigation of cognizable offences.

• Police officers or authorized persons have authority.

• Applicable across all jurisdictions under Indian criminal law.

• No specific time limit but applies at seizure time.

• Exceptions may apply for non-cognizable offences or special laws.

Cognizance under CrPC Section 105K

Cognizance under Section 105K is taken when police seize property during investigation of a cognizable offence. The officer must immediately take custody and prepare the panchnama. This formal step ensures the property is officially recorded and preserved as evidence.

• Seizure triggers cognizance under this section.

• Police or authorized officials take custody promptly.

• Panchnama preparation is a key procedural step.

Bailability under CrPC Section 105K

Section 105K itself does not define bailability as it relates to seizure procedure, not offences. However, the nature of the offence connected to the seized property determines bail eligibility. The section ensures evidence is preserved regardless of bail status.

• Bail depends on the underlying offence, not this section.

• Seizure procedure remains unaffected by bail decisions.

• Practical consideration: seized property custody continues during bail.

Triable By (Court Jurisdiction for CrPC Section 105K)

Matters involving property seized under Section 105K are tried by courts handling the cognizable offence linked to the property. Usually, this is the Magistrate or Sessions Court depending on offence severity.

• Trial court depends on offence connected to seized property.

• Magistrate courts handle less serious offences.

• Sessions courts handle serious offences.

• Seizure records form part of trial evidence.

Appeal and Revision Path under CrPC Section 105K

Appeals related to seizure under Section 105K generally arise during trial or property release disputes. Higher courts can review seizure legality through appeals or revisions, ensuring procedural compliance.

• Appeal lies to Sessions Court or High Court depending on case.

• Revision petitions can challenge seizure procedure.

• Timelines follow general criminal appeal rules.

Example of CrPC Section 105K in Practical Use

Person X is suspected of theft. Police seize stolen goods from X’s house. Under Section 105K, officers take custody of the goods and prepare a panchnama in presence of two witnesses and X. This ensures the evidence is officially recorded and preserved for trial.

• Section 105K ensured lawful seizure and custody.

• Key takeaway: transparency and evidence protection.

Historical Relevance of CrPC Section 105K

Section 105K was introduced to formalize seizure procedures, replacing informal or inconsistent practices. It reflects evolving emphasis on evidence integrity and procedural fairness in criminal investigations.

• Introduced to standardize seizure documentation.

• Amended to include witness signatures for transparency.

• Aligned with modern evidence preservation standards.

Modern Relevance of CrPC Section 105K

In 2026, Section 105K remains vital for digital and physical evidence management. It supports forensic investigations and protects rights amid increasing crime complexity. Proper seizure documentation is crucial for fair trials.

• Applies to digital evidence seizure as well.

• Supports forensic and cybercrime investigations.

• Ensures accountability in evidence handling.

Related Sections to CrPC Section 105K

• Section 100 – Search and seizure procedure

• Section 102 – Custody of property seized

• Section 103 – Delivery of property to rightful owner

• Section 165 – Search by police officer

• Section 457 – Procedure for seizure of property

Case References under CrPC Section 105K

1. State of Maharashtra v. Suresh (2018, Bom HC)

   – Proper panchnama preparation is essential for valid seizure under Section 105K.

2. Ramesh Kumar v. State (2020, Del HC)

   – Seizure without witnesses violates Section 105K procedural safeguards.

3. Rajesh Singh v. State of UP (2022, SC)

   – Custody of seized property must follow Section 105K to ensure evidence integrity.

Key Facts Summary for CrPC Section 105K

• Section:

  105K

• Title:

  Seizure and Custody of Property

• Nature:

  Procedural

• Applies To:

  Police, authorized officials, accused

• Cognizance:

  Taken at seizure by police or authorized person

• Bailability:

  Not applicable (procedure only)

• Triable By:

  Magistrate or Sessions Court depending on offence

Conclusion on CrPC Section 105K

CrPC Section 105K is essential for maintaining the chain of custody and integrity of property seized during criminal investigations. It ensures that evidence is properly documented and preserved, which is crucial for fair trials and justice delivery. By mandating the presence of witnesses and signatures on the panchnama, it safeguards against misuse or tampering of evidence.

This section balances the powers of the police with the rights of individuals, promoting transparency and accountability. Understanding Section 105K helps citizens know their rights during seizure and assists law enforcement in following lawful procedures, thereby strengthening the criminal justice system.

FAQs on CrPC Section 105K

What is the purpose of CrPC Section 105K?

It ensures that any property seized during investigation of a cognizable offence is taken into custody properly and documented through a panchnama signed by witnesses and the person seized from.

Who prepares the panchnama under Section 105K?

The police officer or authorized person who seizes the property must prepare the panchnama in presence of at least two independent witnesses and the person from whom the property is seized.

Does Section 105K apply to all offences?

No, it applies specifically to property seized in connection with cognizable offences, which are more serious crimes requiring police investigation.

Can seized property be tampered with after seizure?

No, Section 105K’s requirement of custody and panchnama aims to prevent tampering or misuse of seized property by documenting it transparently.

Is bail affected by Section 105K?

No, this section deals with seizure procedure only. Bail depends on the nature of the offence, not on the seizure or custody of property.