• CrPC 160

My property original paper ,police could take for custody ,under crpc act 160?
Asked 3 months ago in Property Law from Aurangabad, Maharashtra
Religion: Hindu
Hello,
1) Let me quote the section for you"Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:

Provided that no male person 1[“under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person”] shall be required to attend at any place other than the place in which such male person or woman resides.

2.The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.

2)A duty has been cast upon the public to give information of certain offences as mentioned in Section 39 Cr. P.C. Section 41 of Cr.P.C gives power to police not only to arrest a person, without warrants, if he has been involved in a cognizable offence or against whom credible information has been received of his having been involved in an offence.

3) The police may take under custody the original documents of required as part of the investigation after following required procedure to take custody of it and must be presented to the court when required.
S J Mathew
Advocate, Mumbai
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Section 160 of Cr PC deal with power of police officer to require attendance of any person who appears to be familiar with the facts of the case
Ajay Sethi
Advocate, Mumbai
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police has power to collect evidence regarding to the case  during investigation. but police cannot take original papers of property in its possession. 

police can give details about the paper and name of the person in whose possession it is. all such details shall be submitted under section 173 crpc. 

if any paper is taken by the police you should call him to take surety from you instead of possession over the paper. 
Shivendra Pratap Singh
Advocate, Lucknow
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Police can take the original documents into custody for the purposes of investigation but it has to prepare a recovery memo and give the acknowledgment to the owner.
Ashish Davessar
Advocate, Jaipur
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The provisions of law to the referred act is given below, you may post your question on the subject answer:


Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the fads and circumstances of the case; and such person shall attend as so required:
Provided that no male person under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person1 shall be required to attend at any place other than the place in which such male person or woman resides.

The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under Sub-Section (1) at any place other than his residence.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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