Chapter XXXIV
Section 452 CrPC: Order for disposal of property at conclusion of trial
New Law Update (2024)
Section 507 BNSS
TRIAL COURT
Any Criminal Court, Court of Session, Chief Judicial Magistrate
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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.
Important Sub-Sections Explained
Sub-Section (1)
This sub-section empowers any Criminal Court, upon the conclusion of an inquiry or trial, to order the final disposal of property or documents related to the case. Disposal methods include destruction, confiscation, or delivery to a person entitled to possession, ensuring that evidence is handled appropriately post-judgment.
Sub-Section (2)
This provision specifies that property can be delivered to a claimant either unconditionally or subject to certain conditions. A common condition is that the claimant must execute a bond, with or without sureties, to ensure the property’s restoration if the court’s disposal order is later modified or set aside on appeal or revision.
Landmark Judgements
Sunderbhai Ambalal Desai v. State of Gujarat (2002):
The Supreme Court laid down comprehensive guidelines for the expeditious disposal of seized property, especially vehicles, pending trial. The Court emphasized that property should not be kept in police custody for long periods, leading to its deterioration. It directed that seized property should be promptly returned to the rightful owner on an appropriate bond or disposed of suitably, asserting that the object of seizing property is to secure it for trial, not to retain it indefinitely.