What is the meaning of Order for custody and disposal of property pending trial in certain cases? What is the Order for disposal of property at conclusion of trial? Section 451 and 452 of Code of Criminal Procedure 1973

Order for custody and disposal of property pending trial in certain cases and Order for disposal of property at conclusion of trial are defined under Section 451 and 452 of CRPC 1973. Provisions under these sections are:

 

Section 451 of CRPC "Order for custody and disposal of property pending trial in certain cases"

When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. 

 

 

 

Explanation:- For the purposes of this section, "property" includes:-

(a) property of any kind or document which is produced before the Court or which is in its custody,

(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

 

Section 452 of CRPC "Order for disposal of property at conclusion of trial"

(1) When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.

(2) An order may be made under sub-section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without securities, to the satisfaction of the Court, engaging to restore such property to the Court if the order made under sub-section (1) is modified or set aside on appeal or revision.

(3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in section 457, 458 and 459.

(4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub-sec. (2), an order made under sub-sec. (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of.

(5) In this section, the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have, been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.

DISPOSAL OF PROPERTY

What is the meaning of Order for custody and disposal of property pending trial in certain cases? What is the Order for disposal of property at conclusion of trial? Section 451 and 452 of Code of Criminal Procedure 1973

What is Payment to innocent purchaser of money found on accused? What is Appeal against orders under Section 452 or Section 453? What is destruction of libelous and other matter? Section 453, 454 and 455 of Code of Criminal Procedure 1973

What is Power to restore possession of immovable property? What is the Procedure by police upon Seizure of property? Section 456 and 457 of Code of Criminal Procedure 1973

What is Procedure where no claimant appears within six months? What is Power to sell perishable property? Section 458 and 459 of Code of Criminal Procedure 1973

What are the irregularities which do not vitiate proceedings? What are the irregularities which vitiate proceedings? Section 460 and 461 of Code of Criminal Procedure 1973

What is Proceedings in wrong place? What is Non-compliance with provisions of Section 164 or Section 281? What is the Effect of omission to frame, or absence of, or error in, charge? Section 462, 463 and 464 of Code of Criminal Procedure 1973

What is Finding or sentence when reversible by reason of error, omission or irregularity? What is defect or error not to make attachment unlawful? Section 465 and 466 of Code of Criminal Procedure 1973

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

Section 468, 469, 470, 471, 472 and 473 of Code of Criminal Procedure 1973 - What is the limitation period for taking cognizance of offences under CRPC?