CHAPTER XXXIV - DISPOSAL OF PROPERTY
451. Order for custody and disposal of property pending trial in
certain cases.
When
any property is produced before any Criminal Court during an 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.
COMMENTS
(i)
The semi processed films and the negatives are not themselves items of property
regarding
which
offences have been committed; Sajan
K.Varghese v. State of Kerala, (1989) Cr
LJ 897:
AIR
1989 SC 1058.
(ii)
The disposal of properties should be done by Chief Judicial Magistrate before
whom the
matter
relating to disposal of other claims was pending; Sulekh Chand v. Suresh Chand, (1991)
Cr
LJ 469 (SC).
452. 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 sureties, 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 sections 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-section (2), an order made under
sub-section (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.
453. Payment to innocent purchaser of money found on accused.
When
any person is convicted of any offence which includes, or amounts to, theft or
receiving
stolen
property, and it is proved that any other person bought the stolen property
from him
without
knowing or having reason to believe that the same was stolen, and that any
money has
on
his arrest been taken out of the possession of the convicted person, the Court
may, on the
application
of such purchaser and on the restitution of the stolen property to the person
entitled to
the
possession thereof, order that out of such money a sum not exceeding the price
paid by such
purchaser
be delivered to him.
454. Appeal against orders under section 452 or section 453.
(1)
Any person aggrieved by an order made by a Court under section 452 or section
453, may
appeal
against it to the Court to which appeals ordinarily lie from convictions by the
former
Court.
(2)
On such appeal, the Appellate Court may direct the order to be stayed pending
disposal of the
appeal,
or may modify, alter or annul the order and make any further orders that may be
just.
(3)
The powers referred to in sub-section (2) may also be exercised by a Court of
appeal,
confirmation
or revision while dealing with the case in which the order referred to in
sub-section
(1)
was made.
455. Destruction of libellous and other matter.
(1)
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
of which the conviction was had, and which are in the custody of the Court or
remain in
the
possession or power of the person convicted.
(2)
The Court may, in like manner, on a conviction under section 272, section 273,
section 274,
or
section 275 of the Indian Penal Code (45 of 1860), order the food, drink drug
or medical
preparation
in respect of which the conviction was had, to be destroyed.
STATE AMENDMENT
Tamil Nadu:
In
sub-section (1) of section 455, after the word and figures "section
292" the word, figures and
letter
"section 292A" shall be inserted.
Vide Tamil Nadu Act 13 of 1982, sec. 2
(w.e.f. 21-9-1981).
456. Power to restore possession of immovable property.
(1)
When a person is convicted of an offence attended by criminal force or show of
force or by
criminal
intimidation, and it appears to the Court that, by such force or show of force
or
intimidation,
any person has been dispossessed of any immovable property, the Court may, if
it
thinks
fit, order that possession of the same be restored to that person after
evicting by force, if
necessary,
any other person who may be in possession of the property:
Provided
that no such order shall be made by the Court more than one month after the
date
of the conviction.
(2)
Where the Court trying the offence has not made an order under sub-section (1),
the Court of
appeal,
confirmation or revision may, if it thinks fit, make such order while disposing
of the
appeal,
reference or revision, as the case may be.
(3)
Where an order has been made under sub-section (1), the provisions of section
454 shall
apply
in relation thereto as they apply in relation to an order under section 453.
(4)
No order made under this section shall prejudice any right or interest to or in
such immovable
property
which any person may be able to establish in a civil suit.
457. Procedure by police upon seizure of property.
(1)
Whenever the seizure of property by any police officer is reported to a
Magistrate under the
provisions
of this Code, and such property is not produced before a Criminal Court during
an
inquiry
or trial, the Magistrate may make such order as he thinks fit respecting the disposal
of
such
property or the delivery of such property to the person entitled to the
possession thereof, or
if
such person cannot be ascertained, respecting the custody and production of
such property.
(2)
If the person so entitled is known, the Magistrate may order the property to be
delivered to
him
on such conditions (if any) as the Magistrate thinks fit and if such person is
unknown, the
Magistrate
may detain it and shall, in such case, issue a proclamation specifying the
articles of
which
such property consists, and requiring any person who may have a claim thereto,
to appear
before
him and establish his claim within six months from the date of such
proclamation.
COMMENTS
If
in the opinion of the Court seized property is required for use at the time of
enquiry or trial
property
shall not be released, otherwise it may be released on furnishing adequate
security; Free
Legal Aid Committee v. State of Bihar, (1982) BLJ 241.
458. Procedure when no claimant appears within six months.
(1)
If no person within such period establishes his claim to such property, and if
the person in
whose
possession such property was found is unable to show that it was legally
acquired by him,
the
Magistrate may by order direct that such property shall be at the disposal of
the State
Government
and may be sold by that Government and the proceeds of such sale shall be dealt
with
in such manner as may be prescribed.
(2)
An appeal shall lie against any such order to the Court to which appeals
ordinarily lie from
convictions
by the Magistrate.
459. Power to sell perishable property.
If
the person entitled to the possession of such property is unknown or absent and
the property is
subject
to speedy and natural decay, or if the Magistrate to whom its seizure is
reported is of
opinion
that its sale would be for the benefit of the owner, or that the value of such
property is
less
than ten rupees, 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.
