Can Police recover property from accused without arresting him
01-Sep-2023 (In Criminal Law)
As per section 41A CrPC police can issue a notice to accused to record his statement where arrest is not necessary. But when the offence is punishable with less than 7 years of imprisonment and FIR accused is ready to surrender the property involved in the offence and ready to co-operate with investigation. Can a police recover the property from the accused without arresting him ?. under what provisions of law police can do this?
It is a general process by police that during any investigation or enquiry they seize any property which they think is evidence and will be helpful in the process of trial, that property includes those from the crime has been conducted or for which the an offence has been committed. The property also includes the money which has been stolen and has recovered
Are you talking about movable or immovable, tangible or intangible.As your question lacks required information it is difficult to answer for your question. As you have mentioned that it is related to property then why you have to surrender it before police. Approach civil court if it is a civil matter. If it is an criminal matter in offence is bailable then take bail. Why you have to seek police for justice when court is there to provide you. Police are not courts.
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