CrPC Section 66
CrPC Section 66 details the procedure for police to seize property related to offences, ensuring lawful custody and protection of evidence.
CrPC Section 66 empowers police officers to seize any property that may be connected to a crime. This includes items that could serve as evidence or are involved in the commission of an offence. Understanding this section is crucial for citizens and law enforcement to ensure proper handling and protection of property during investigations.
The section outlines the conditions and procedures for lawful seizure, preventing misuse of power while safeguarding the rights of individuals. It plays a vital role in preserving evidence and maintaining the integrity of the criminal justice process.
CrPC Section 66 – Exact Provision
This provision authorizes police officers to take possession of property suspected to be stolen or linked to a crime. The seizure must be justified by reasonable suspicion, and the property is held as evidence or for safekeeping. This prevents tampering or destruction of crucial material during investigation.
Police can seize property suspected to be stolen or connected to an offence.
Seizure must be based on reasonable suspicion.
Property is taken into custody for evidence or safekeeping.
Ensures protection of evidence during investigation.
Explanation of CrPC Section 66
This section allows police to lawfully take possession of property linked to a crime. It helps secure evidence and prevents loss or damage during investigations.
Police may seize property suspected to be stolen or involved in crime.
Affects police officers, accused persons, and property owners.
Triggered when property is found under suspicious circumstances.
Police must take property into custody properly.
Unauthorized seizure or misuse is prohibited.
Purpose and Rationale of CrPC Section 66
The section exists to empower police to secure evidence and prevent destruction or concealment of property related to offences. It balances police authority with safeguards against arbitrary seizures, protecting citizens’ rights and ensuring fair investigation.
Protects rights of property owners by requiring lawful seizure.
Ensures proper procedure for taking property into custody.
Balances police powers with citizen protections.
Prevents abuse or misuse of seizure powers.
When CrPC Section 66 Applies
This section applies when police encounter property suspected to be stolen or connected to a crime. It guides lawful seizure during investigation or arrest.
Property must be suspected stolen or linked to an offence.
Police officers have authority to seize.
Applicable during investigation or arrest phases.
Seizure must be recorded and justified.
Limitations exist to prevent arbitrary or excessive seizure.
Cognizance under CrPC Section 66
Cognizance involves police identifying property connected to an offence and deciding to seize it. The officer must record reasons and ensure lawful custody. Courts later review seizure validity during trial or bail proceedings.
Police identify suspicious property during investigation.
Seizure is recorded with reasons and details.
Court examines seizure legality in subsequent proceedings.
Bailability under CrPC Section 66
Section 66 itself does not define bailability, as it pertains to seizure of property, not offences. However, offences connected to seized property may be bailable or non-bailable depending on their nature.
Bail depends on the offence linked to the seized property.
Seizure does not affect bail rights directly.
Police must follow due process regardless of bail status.
Triable By (Court Jurisdiction for CrPC Section 66)
Cases involving seized property under Section 66 are tried by courts competent to handle the underlying offence. Magistrate or Sessions Court jurisdiction depends on offence severity.
Magistrate courts handle summary and less serious offences.
Sessions courts try serious offences linked to seized property.
Trial courts assess evidence including seized property validity.
Appeal and Revision Path under CrPC Section 66
Appeals against seizure or related orders can be filed in higher courts. Revision petitions may challenge seizure legality or custody conditions, following procedural timelines.
Appeals lie to Sessions Court or High Court depending on case.
Revision petitions can be filed against seizure orders.
Timelines for appeals vary by offence and court.
Example of CrPC Section 66 in Practical Use
Person X is suspected of stealing a motorcycle. Police find the motorcycle in X’s possession. Under Section 66, police seize the motorcycle as evidence. This prevents X from hiding or selling it before trial. The seizure helps establish proof and protects the victim’s property rights.
Section 66 enabled lawful seizure of stolen property.
Key takeaway: safeguards evidence and prevents tampering.
Historical Relevance of CrPC Section 66
Section 66 has evolved to clarify police powers in property seizure, ensuring evidence protection while limiting arbitrary action. Amendments have strengthened procedural safeguards and recording requirements.
Early versions allowed broad seizure powers.
Later amendments introduced stricter conditions and documentation.
Modern reforms emphasize rights protection during seizure.
Modern Relevance of CrPC Section 66
In 2026, Section 66 remains crucial for evidence preservation in digital and physical crimes. It supports transparent police action and protects property rights amid evolving investigative challenges.
Applies to physical and digital property seizures.
Supports forensic and cybercrime investigations.
Ensures accountability in evidence handling.
Related Sections to CrPC Section 66
Section 100 – Search and seizure procedure
Section 102 – Procedure for seizure of property
Section 165 – Search by police officer
Section 57 – Power to arrest without warrant
Section 41 – Arrest without warrant conditions
Case References under CrPC Section 66
- State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)
– Police must follow lawful procedure during property seizure to avoid evidence exclusion.
- K.K. Verma v. Union of India (1978, AIR 1978 SC 527)
– Seizure of property requires reasonable suspicion and proper documentation.
- Ramesh v. State of Tamil Nadu (2000, AIR 2000 SC 2903)
– Illegal seizure can lead to evidence being inadmissible in court.
Key Facts Summary for CrPC Section 66
- Section:
66
- Title:
Power to Seize Property
- Nature:
Procedural
- Applies To:
Police officers, accused, property owners
- Cognizance:
Police seize property on reasonable suspicion
- Bailability:
Not applicable directly
- Triable By:
Magistrate or Sessions Court depending on offence
Conclusion on CrPC Section 66
CrPC Section 66 is a vital legal provision that empowers police to seize property connected to crimes. It ensures that evidence is preserved and protected during investigations, supporting the criminal justice process. By regulating seizure powers, it balances law enforcement needs with citizens’ rights.
Understanding this section helps individuals recognize lawful police actions and safeguards against arbitrary seizures. It promotes transparency and accountability, reinforcing trust in the legal system and ensuring fair trials based on secure evidence.
FAQs on CrPC Section 66
What types of property can police seize under Section 66?
Police can seize any property suspected to be stolen or connected to an offence. This includes physical items like vehicles, documents, or goods that may serve as evidence.
Can police seize property without suspicion under Section 66?
No, seizure must be based on reasonable suspicion that the property is linked to a crime. Arbitrary or unjustified seizure is not allowed.
Is seizure under Section 66 permanent?
No, seizure is temporary for investigation or safekeeping. Property may be returned after case disposal or court orders.
Who can challenge a seizure made under Section 66?
The property owner or accused can challenge seizure through appeals or revision petitions in higher courts.
Does Section 66 affect bail rights?
Section 66 itself does not affect bail. Bail depends on the offence related to the seized property, not the seizure itself.