Jan 9, 2018
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Disposal of property Under Code of Criminal Procedure, 1973

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Disposal of property Under Code of Criminal Procedure, 1973

Sections 451 to 459 of the code of Criminal Procedure Act, 1973 deal with the powers of courts in the matter of disposal of property. Any order passed by a criminal court must come under one or another of the sections. What order should passed by a court depends upon the section under which it passed the order. Under which section it should pass the order ,depends upon the situation in which the property was seized or produced before it.

Order for custody and disposal of property pending trial in certain cases (Section 451)

During an inquiry or trial, if any property produced in front of any criminal court. Then the court may make such order as for the custody of such produced property. Even before the pending conclusion of the trial or an inquiry. If the property subject to speedy and natural decay, court may, after recording the necessary evidence, dispose of the property.

Order for disposal of property at conclusion of trial (section 452)

After an inquiry or trial concluded by any Criminal Court. The Court may make such order as for the disposal of property produced before it. It can disposed of by following methods:

  1. by destruction
  2. confiscation;
  3. delivery to any person claiming under the property for its entitlement.

If the property delivered to the person claiming for its entitlement, may execute a bond with or without securities. The bond contains that he will restore or give back the property to the court if the order so modified or set aside on appeal or also on revision.

A Court of Session may order to direct the property to delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 457, 458 and 459.

If the property subject to speedy and also natural decay, shall not carried out for 2 months or when an appeal presented, until disposition of appeal.

Payment to innocent purchaser of money found on accused ( section 453)

If any person guilty of theft or purchasing a stolen property from other person, may arrest him and take the possession of such stolen property. On application by the purchaser and also on restitution of stolen property. Order that  out of such money a sum not exceeding the price paid by such purchaser be delivered to him.

Destruction of libellous and other matter (section 454)

On a conviction under section 292, section 293, section 501 or section 502 of the Indian Penal Code (45 of 1860). The Court may order the destruction of all the copies of the thing in respect conviction. Also copies of things in the custody of the Court. The Court may also order the food, drink drug or medical preparation in respect of which the conviction had to destroyed.

Power to restore possession of immovable property (section 456)

If any convicted person has illegally dispossessed of any immovable property, the court may order restoration of such property from the person who has its possession.
Provided that no such order shall made by the Court more than one month after the date of the conviction.

Where the Court trying the offence has not made an order, the Court of appeal makes such order while disposing of the appeal on reference or revision. Where an order has passed by the court, the provisions of section 454 shall apply in relation thereto as they apply in relation to an order under section 453.

No order shall harm right or interest to which any person may be able to establish in a civil suit.

Procedure by police upon seizure of property (section 457)

If property seized by any police officer, has to report such property to magistrate under the code. Such property also produced before any criminal during its inquiry or trial. Magistrate may order the disposal of such property. It can also delivered to person entitled to the possession thereof.

If the person so entitled is known, the Magistrate may order the property to delivered to him on conditions as the Magistrate thinks fit. If such person is unknown, the Magistrate may detain it. It shall issue a proclamation that the person who will claim the property have to appear before him. This claim must established within six months from the date of such proclamation.

Procedure when no claimant appears within six months (section 458)

If no person within six months establishes his claim, may sold by the state government. If also the person who has possession of property fails to prove its legal stand. Then the magistrate may order that such property shall at the disposal of state government and sold by it.  An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

 Power to sell perishable property (section 459)

If the person entitled to property is unknown and the property is subject to speedy and natural decay. Magistrate orders to sell the property for benefit of the owner. The value of such property is less than five hundred rupees. Then the Magistrate may at any time direct it to be sold; and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

 

Article Categories:
Criminal law

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