Chapter XXXIV
Section 451 CrPC: Order for custody and disposal of property pending trial in certain cases
New Law Update (2024)
Section 493 BNSS
TRIAL COURT
Any Criminal Court
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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.
Important Sub-Sections Explained
Landmark Judgements
Sunderbhai Ambalal Desai v. State of Gujarat (2002):
The Supreme Court laid down crucial guidelines for the expeditious disposal and release of seized property, particularly vehicles, under Sections 451 and 457 CrPC. It emphasized that property should not be allowed to rot in police custody and directed courts to release vehicles on ‘supurdari’ to owners, ensuring proper documentation and conditions.
General Insurance Council v. State of Andhra Pradesh (2010):
This Supreme Court ruling reiterated the principles of Sunderbhai Ambalal Desai, directing prompt release of seized vehicles, especially stolen ones recovered by police, to their rightful owners or insurance companies. It stressed the need to prevent further damage and depreciation of such property and clarified procedures for interim custody.
Draft Format / Application
IN THE COURT OF THE [Designation of Magistrate/Judge, e.g., JUDICIAL MAGISTRATE FIRST CLASS / ADDITIONAL SESSIONS JUDGE] AT [City]
C.C. NO. / F.I.R. NO. [______] OF [Year]
Police Station: [Police Station Name]
Under Section(s): [Relevant IPC Sections]
IN THE MATTER OF:
[Name of Applicant/Owner]
S/o. / D/o. / W/o. [Father’s/Husband’s Name]
Aged about [Age] years,
Residing at [Full Address]
…APPLICANT
VERSUS
THE STATE OF [State Name]
(Through the Station House Officer, Police Station [Police Station Name])
…RESPONDENT
APPLICATION FOR INTERIM CUSTODY/DISPOSAL OF SEIZED PROPERTY UNDER SECTION 451 OF THE CODE OF CRIMINAL PROCEDURE, 1973
MOST RESPECTFULLY SHOWETH:
1. That the applicant is the registered owner/lawful claimant of the property described in Schedule ‘A’ hereunder, which has been seized by the [Police Station Name] Police in connection with the above-mentioned case.
2. That the said property, a [description of property, e.g., vehicle bearing Registration No. XYZ, or quantity of perishable goods], is currently in the custody of the Police Station [Police Station Name].
3. That the property is not required for further investigation, or if it is a vehicle, it has been thoroughly inspected and photographed by the Investigating Officer, and its identification marks have been duly noted.
4. That the continued detention of the said property in police custody is causing immense loss/deterioration/depreciation to the applicant/property itself, as [explain reason, e.g., the vehicle is exposed to elements, perishable goods are decaying, it is a source of livelihood].
5. That the applicant undertakes to produce the said property before this Hon’ble Court or any other competent authority whenever required, and to abide by all conditions that this Hon’ble Court may impose for its interim custody.
6. That the applicant is ready and willing to furnish a bond/security as deemed fit by this Hon’ble Court for the proper custody and production of the said property.
7. That it is expedient in the interests of justice and in accordance with the principles laid down by the Hon’ble Supreme Court of India regarding expeditious disposal of seized property, that interim custody of the said property be granted to the applicant.
SCHEDULE ‘A’
(Description of Property)
[Detailed description including make, model, year, registration number (for vehicles), chassis number, engine number, colour, or specific details for other items like quantity, type, distinguishing marks.]
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Grant interim custody of the property described in Schedule ‘A’ to the applicant, subject to such terms and conditions as this Hon’ble Court may deem fit;
b) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Date: [Date]
Place: [Place]
[Signature of Applicant/Advocate for Applicant]
[Name of Applicant/Advocate]