Registration of crime under Section 102 CrPC is illegal, It is just an enabling provision: Kerala High Court

Registration of crime under Section 102 CrPC is illegal, It is just an enabling provision: Kerala High Court

The proceeding against a 21-year-old boy was quashed by the Kerala High Court. The court here stated that Section 102 of Cr. P.C is not an offence and thus stated that registration of crime against petitioner under this provision is illegal.

Advocate from petitioner side submitted that the FIR was lodged against him alleging the offence punishable under Section 102 of the Code on Criminal Procedure.

The FIR contended that the petitioner was caught using the phone and sending a video that contains prohibited items including porn. Thus, the phone was seized and FIR was registered.

Justice N. Anil Kumar here observed that the registration of crime under section 102 is not by the scheme of the code.

Section 102(1) just enables a police officer to seize any property. However, after such a seizure, the particular police officer must register an FIR following the law. 

Thus, the court here observed that the registration of FIR under section 102 against the petitioner should be quashed.