Section 454 CrPC: Appeal against orders under section 452 or section 453

Chapter XXXIV

Section 454 CrPC: Appeal against orders under section 452 or section 453

Aggrieved Party, Annulment of Order, appellate jurisdiction, Criminal Appeal, Criminal procedure, Modification of Order, Property Disposal Order, Property Law, revisional powers, Stay of Order

New Law Update (2024)

Section 494 BNSS

TRIAL COURT

Punishment

Procedural – Appeals / Revision

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(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.

Important Sub-Sections Explained

Section 454(1)

This sub-section specifies that any individual whose rights are negatively affected by a court’s order concerning property disposal under Section 452 or 453 CrPC has the right to appeal to the higher court typically handling appeals from that court’s convictions.

Section 454(2)

This sub-section grants broad powers to the Appellate Court, allowing it to halt the original order, or to change, cancel, or completely nullify it, and issue any other directive deemed appropriate and just for the circumstances.

Landmark Judgements

Om Prakash v. State of U.P. and Anr. (2004):

The Allahabad High Court highlighted the wide powers of the Appellate Court under Section 454(2), stating that it can modify, alter, or annul the original order and pass any further orders deemed just and proper in the circumstances of the case, emphasizing the comprehensive revisional nature of these powers.

Smt. Surjit Kaur vs. Union Territory (Chandigarh Admn.) and Ors. (2011):

The Punjab and Haryana High Court elucidated the concept of an “aggrieved person” under Section 454(1), affirming that a person with a legitimate claim or interest in the property, whose rights are adversely affected by an order under Section 452 or 453, is entitled to file an appeal.

Chapter XXXIV