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prashant gavhane   15 January 2021

modify criminal order

how to sec 457 order modification in criminal case .or which section under order can be modified


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 1 Replies

Kevin Moses Paul   15 January 2021

The Section 457 of CrPC (Code of Criminal Procedure) is titled as - "Procedure by police upon seizure of property". Section 457 further states that - (1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such properly to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property. (2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation. However, modification in criminal case is mentioned under Section 362 of CrPc (Code of Criminal Procedure). The section states that - "Save as otherwise provided by this Code or by any other law for the time being in force, no Court when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error." Basically, it allows to modify any arithmetical or clerical error if there is any in the judgment passed.

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