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A police officer finds a twelve-year-old boy with a cart of bananas. The circumstances reasonably…

Section 106 permits seizure on the stated suspicion without a prior theft report. Its proviso permits an auction under the Superintendent of Police’s orders where the…

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A police officer finds a twelve-year-old boy with a cart of bananas. The circumstances reasonably suggest that the bananas are stolen, although no theft report has been received. Their value is below ₹500, they are subject to speedy natural decay and the person entitled to possession is unknown. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which course is permissible?

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Answer and explanation

Correct answer B

Section 106 permits seizure on the stated suspicion without a prior theft report. Its proviso permits an auction under the Superintendent of Police’s orders where the property rapidly decays, its value is below ₹500 and the entitled person is unknown or absent. The Magistrate’s claim proclamation allows six months from publication. If no claim is established and the possessor cannot show lawful acquisition, section 504 permits State disposal of the proceeds.

See sections 106, 503 and 504 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Option feedback

Option A

Perishability does not dispense with the Superintendent of Police’s order or the Magistrate’s statutory role.

Option B

Section 106(3)’s proviso permits the stated perishable-property auction; sections 503 and 504 govern claims and net proceeds.

Option C

The proviso permits an immediate auction of qualifying perishable property; the six-month claim process concerns the proceeds.

Option D

State disposal is conditional after the statutory claim process, not an immediate result of the auction.

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