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Where the property seized under Section 102 of the Code of Criminal Procedure, 1973 is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent, the property may forthwith be sold by auction under the orders of the Superintendent of Police, if the value of such property is :
Explanation
According to the proviso to Section 102(3) of the Code of Criminal Procedure (CrPC), 1973 (inserted by the 1978 Amendment), a specific procedure is laid down for the disposal of perishable property. If property seized under Section 102 is subject to speedy and natural decay, and the person entitled to its possession is unknown or absent, it can be sold by auction. This sale can be conducted under the orders of the Superintendent of Police provided the value of the property is less than five hundred rupees. The net proceeds of such a sale are then governed by the provisions of Sections 457 and 458 of the Code. This provision ensures that low-value perishable items do not go to waste while awaiting formal judicial orders. In the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaces the CrPC, this monetary threshold has been increased to ₹ 5,000.
SIMILAR QUESTIONS
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Every warrant of arrest issued by a court under the Code of Criminal Procedure, 1973 shall remain in force
Under the Indian Penal Code, 1860, which one of the following statements about "Theft" is correct ?