Chapter XXXIV
Section 458 CrPC: Procedure when no claimant appears within six months
New Law Update (2024)
Section 476 BNSS
TRIAL COURT
Magistrate
Punishment
Procedural – Appeals / Revision
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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.
Important Sub-Sections Explained
Section 458(1)
This sub-section empowers a Magistrate to order the State Government to take possession and sell any property if, after a period of six months, no one has successfully claimed it and the person who had possession cannot prove it was legally acquired.
Section 458(2)
This sub-section provides a crucial right to appeal. Any person aggrieved by an order of the Magistrate under sub-section (1) can appeal to the Court that ordinarily hears appeals against convictions made by that Magistrate, typically the Sessions Court.
Landmark Judgements
Guddi @ Vijay Shankar v. State of U.P. (2011):
This High Court ruling clarified the scope of inquiry under Section 458, stating that the Magistrate’s role is primarily to ascertain claims of ownership or lawful possession, and not to delve into intricate questions of civil title to the property. The determination is summary in nature, focused on the immediate disposition of unclaimed property.
P.S. Balakrishnan v. Inspector of Police (2003):
This Madras High Court judgment underscored that an order passed by a Magistrate under Section 458, directing the disposal of property, is a final order affecting property rights. Consequently, an appeal against such an order is maintainable before the Sessions Court, as specified in sub-section (2), ensuring a mechanism for aggrieved parties to challenge the Magistrate’s decision.
Draft Format / Application
IN THE COURT OF THE SESSIONS JUDGE, [District Name], [State Name]
Criminal Appeal No. ______ of 20XX
IN THE MATTER OF:
[Appellant’s Name/Address]
…Appellant
VERSUS
The State of [State Name]
(Through the Public Prosecutor)
…Respondent
MEMORANDUM OF CRIMINAL APPEAL
UNDER SECTION 458(2) OF THE CODE OF CRIMINAL PROCEDURE, 1973
MAY IT PLEASE YOUR LORDSHIP(S):
The above-named Appellant most respectfully submits as under:
1. That the Appellant is aggrieved by the order dated [Date of Magistrate’s Order] passed by the Learned Judicial Magistrate First Class / Metropolitan Magistrate, [Court Name], in [Case/File Number related to Property Disposal], whereby the Learned Magistrate was pleased to direct that the property, [brief description of property], be at the disposal of the State Government. A certified copy of the impugned order is annexed herewith as Annexure ‘A’.
2. That the brief facts leading to the passing of the impugned order are as follows:
(a) [Provide details of when and how the property came into possession of the police/court.]
(b) [State that despite the period mentioned in Section 457 or 458, the Learned Magistrate proceeded to pass the order.]
(c) [Elaborate on the Appellant’s claim to the property and why it was legally acquired by them, or why the Magistrate’s finding to the contrary is erroneous.]
3. That the Appellant submits that the impugned order is illegal, perverse, and unsustainable in law for the following, amongst other, grounds:
(a) [Ground 1: State specific legal error or factual misinterpretation by the Magistrate.]
(b) [Ground 2: Argue that the Appellant had established their claim or shown legal acquisition of the property to the satisfaction of the law, contrary to the Magistrate’s finding.]
(c) [Ground 3: Any other relevant ground, e.g., violation of natural justice, insufficient opportunity to present evidence.]
4. That the Learned Magistrate failed to appreciate the evidence/arguments presented by the Appellant demonstrating the legal acquisition/ownership of the said property.
5. That the balance of convenience is in favour of the Appellant, and if the impugned order is not set aside, the Appellant will suffer irreparable loss and injury.
PRAYER
WHEREFORE, it is most respectfully prayed that this Hon’ble Court may be pleased to:
(a) Call for the records of the case from the Learned Judicial Magistrate First Class / Metropolitan Magistrate, [Court Name].
(b) Set aside the impugned order dated [Date of Magistrate’s Order] passed by the Learned Judicial Magistrate First Class / Metropolitan Magistrate, [Court Name].
(c) Direct the release of the said property, [brief description of property], in favour of the Appellant.
(d) Pass such other or further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.
AND FOR THIS ACT OF KINDNESS, THE APPELLANT AS IN DUTY BOUND SHALL EVER PRAY.
Date: [Date]
Place: [Place]
COUNSEL FOR THE APPELLANT APPELLANT
[Signature] [Signature]
[Advocate’s Name] [Appellant’s Name]
[Enrollment No.]
[Contact No.]