- Statement 1: Section 102(1) of CrPC allows any police officer to seize any property found under circumstances that create suspicion of the commission of any offence. Unlawfully acquired property is property acquired through the commission of an offence (e.g., corruption, fraud). Therefore, a police officer can seize such property. The condition about the rank of Sub-Inspector might be based on specific police rules or state amendments, or simply indicative of the level of investigation where such property is typically identified. Assuming this specific context is valid for the question, the core power to seize suspected property exists. The reason for belief about concealment or transfer is a valid ground for exercising seizure power. - Statement 2: CrPC does not contain a general provision requiring an order of seizure made by a police officer under Section 102 to be confirmed by a court within thirty days to have effect. A police officer seizing property under Section 102 must report the seizure to the Magistrate (Section 102(3)). The Magistrate then takes appropriate action regarding custody and disposal (Sections 451-457). This requirement for court confirmation within a specific timeframe is found in special laws like the Prevention of Money Laundering Act (PMLA) for attachment of property, but not as a general rule for seizures under CrPC Section 102.
With regard to seizure of property under the Code of Criminal Procedure, 1973, consider the following statements : 1. A police officer not below the rank of Sub-Inspector of Police conducting an investigation for identifying unlawfully acquired property can make an order for seizing the property under investigation if he has reason to believe that the property in question may be concealed or transferred in any manner. 2. An order made as above shall have no effect unless the same is confirmed by an order of the court within thirty days of its being made. Which of the statements given above is/are correct?
Asked in UPSC CISF AC EXE 2024 · Topic: The Parliamentary Act (Powers and Functions of Parliament (Legislative, Executive, Financial, Constituent))
More Indian Polity and Governance questions
- A District Magistrate may by warrant authorize a police officer above the rank of a constable to take possession of an objectionable article deposited in any place. These articles include 1. forged documents 2. false seals 3. obscene objects Select the correct answer using the code given below.
- Consider the following statements with regard to search under the Code of Criminal Procedure, 1973: 1. A search warrant remains in force until cancelled by the court issuing it or the same is executed. 2. A search warrant cannot be executed at any place if the place concerned falls outside the jurisdiction of the court issuing it. 3. A search warrant may be issued by the District Magistrate for search of a person who has been confined where such confinement amounts to an offence. Which of the statements given above is/are correct?
- Consider the following statements with regard to seizure of property under the Code of Criminal Procedure, 1973: 1. Any police officer may seize any property which may be suspected to be stolen. 2. Any police officer may seize any property which may be found under circumstances which create suspicion of the commission of any offence. 3. If the value of the property seized is less than one thousand rupees and the person entitled to its possession is absent, the court may direct its sale by auction forthwith. Which of the statements given above is/are correct?
- Which one among the following statements is not correct?
- Bribery, under the Indian Penal Code, 1860, includes which of the following? 1. Giving a gratification to any person with the object of inducing him to exercise any electoral right or rewarding any person for having exercised any such right 2. Making of a declaration of public policy or making of a promise of public action 3. Giving or accepting a treat in the form of food, drink or entertainment Select the correct answer using the code given below.
- Which one of the following with regard to the Protection of Human Rights Act, 1993 is correct?
- Consider the following statements with regard to the Protection of Human Rights Act, 1993: 1. It is mandatory to have at least one woman Member in the National Human Rights Commission having the knowledge of, or practical experience in, matters relating to human rights. 2. It is mandatory to have at least three Members in the National Human Rights Commission having the knowledge of, or practical experience in, matters relating to human rights. 3. The Chief Commissioner for Persons with Disabilities is deemed to be a Member of the National Human Rights Commission for certain purposes only. Which of the statements given above is/are correct?
- Consider the following statements relating to identification of arrested person under the Code of Criminal Procedure, 1973 : 1. An arrested person can be directed to subject himself to identification in the manner prescribed by the court. 2. If the person identifying the arrested is mentally or physically disabled, the identification process must be videographed in all cases. 3. The supervision of a Magistrate is not mandatory if the person identifying is mentally or physically disabled. Which of the statements given above is/are correct?