CrPC 452 — Order for disposal of property at conclusion of trial

Code of Criminal Procedure, 1973

Statutory 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
securities,  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.

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