diffrence
arun
(Querist) 05 October 2009
This query is : Resolved
Dear All,
Can any one of you help me in making a clear distinction between section 451, 452 and 457 of the Criminal procedure Code?
adv. rajeev ( rajoo )
(Expert) 06 October 2009
Good Morning Arun,
All the three sections of Cr.P.C. deals with the disposal of the property.
451: Court can pass an order to release the property during the inquiry and trial. If the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, court may after recoding such evidence as it thinks necessary , it may ordered to be sold or ootherwise disposed of.
452 : When an inquiry or trial is concluded, the court may make an order to disposal the seized property by way of destruction, confisxcation or delivery to the person claiming to be entitteld to possession.
457 : Under this magistrate can act only when the seizure of th property is reported to him. 1.He may pass an order regarding the disposal of the property 2. Deliver it to the person entittld to its possession imposing conditions.3. In his absence pass an order tfor its custody and production by issuing the proclamation order rquairing its owner to appear and establish his claim within 6 months.
Adinath@Avinash Patil
(Expert) 06 October 2009
Dear Arun,
1]Section 451 ,
Disposal of proprty pending trial.--
The powers u/s 451 of cr.p.c.should be exercised expeditiously and judiciously, court challenged out various suggestions for disposal of such propety and also directed that such articles are not kept in police station.In any case more than 15 days to one month, this object can be maintained under able supervision of registrar and concerned High Court-
Sunderbhai Ambalal Desai v/s state of Gujrat.
AIR 2003 S.C. 638.
2]section 452--
Order for disposal of property at conclusion of trial--
Property should be returned to person from whom it is recovered and not to his complainant's daugher-
Prakash Haldankar v/s Shri Bill Carneiso.
1997 Cri.L.J. 125 [mad]
3]section 458-
Procedure when no claimant appears within six months-
1]If no person within such period establish 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, Magistrate may by order direct that such propery shall be at the diposal of the state goverment and may be sold be that goverment and oroiceed 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 which appeals ordinarrly lie from convictions by the magistrate.
By going through you find your answer of differance of above section.
Sachin Bhatia
(Expert) 06 October 2009
The basic difference is that in the case of Sec.451 the property is before the court whereas Sec. 457 applies when only seizure is reported without production of the property. Secondly, Sec. 451 does not say that the custody of the property should be given only to the person entitled to possession thereof, whereas Sec. 457 is very specific about the person entitled to possession. Property can be disposed off u/s 451 only if the property is subject to speedy and natural decay or the Magistrate, after recording evidence finds it expedient to sell or otherwise dispose it of. Whereas no such reasons are required u/s 457 of Cr.P.C.
Sachin Bhatia
(Expert) 06 October 2009
452. Order for disposal of property at conclusion of trial.
(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 subsection (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.
