Home Code of Criminal Procedure 1973 Section 451 CrPC

Section 451 CrPC

January 25, 2024

575

This article is written by Kaustubh Phalke. It talks about the disposal of property in detail. It discusses the importance of the disposal of property and its methods . It also talks about the scope of the provision and the relevant case laws therein.

This article has been published by Shashwat Kaushik.

Table of Contents

Introduction

Disposal under criminal law is dealt with under Chapter 34 of the Criminal Procedure Code, 1973 (hereinafter referred to as CrPC 1973). The conditions and stages are mentioned under Sections 451 to 459. The disposal of property becomes of utmost importance in certain cases to meet the ends of justice. The disposal of property here means the disposal of property that was related to the case by virtue of a substantial piece of evidence or a link that proves to be the golden link for the court to adjudicate a matter.

When any property is found to be an important part of adjudicating any matter, it is known as case property and immediate disposal of such property is necessary to reduce the risk of losses that may occur to the owner because of its retention by the court or police unless required. This property may be returned to its owner at two stages, first at the time of the inquiry or trial if the property is subject to speedy or natural decay and is perishable or second if there arises any compelling reason to return the property to its rightful owner. Apart from these two conditions, the property may be released in the interest of justice.

The return of property to the rightful owner is discussed under Section 457 of the CrPC 1973 which was earlier in Section 523 of the CrPC 1898. The police are bound to follow the procedure mentioned under this provision after the seizure of the property.

Section 451 CrPC : an overview

The title of the section states “order for custody and disposal of property pending trial in certain cases”. The provision provides that when any property is produced before any criminal court then the court may order for proper custody of property pending the conclusion of the inquiry and trial and seeing the nature of the property i.e., speedy or natural decay, the court may order for its sale or disposal.

The explanation of this section provides the definition of property for the purpose of this provision. It states that the property will include any kind or document which is produced in the court or which is in its custody or any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

Meaning of the word disposal of property

The disposal of the property as the term itself specifies means decommissioning the property which is relevant to the instant case for adjudication or resolving the dispute.

Certain factors are involved while deciding the disposal of property such as natural decay, depreciation, age, etc. A comprehensive analysis or monetary valuation is done while selling the property. A property can be disposed of in three ways, i.e., sale, transfer and relinquishment but the same is not applicable under criminal law.

Kinds of property covered under Section 451 CrPC

There can be several kinds of property that can be covered under this provision based on their relation with the case and other factors which are mentioned below.

The property which is relevant to the offence which was committed.
Anything that is used to commit the offence.
Any item used as a substantial piece of evidence in a court of law.
Any item in the possession of the court.
Any item that was a part of the investigation.
Any property that was earlier in the possession of or used by an unauthorized person.
Seized items during investigation can be covered under the property in this section.
Property that is found suspiciously at the place of crime.
Stolen property.

As per the author’s own analysis based on various judicial developments pertaining to the present matter, the following items can be covered under Section 451 CrPC:

Documents and papers

Any item that is relevant for trial or inquiry may be considered a subject for custody and is covered under Section 451 CrPC. The court can order the disposal of such property.

Cash and currency

The wades of coins, currency, or cash that are found at the crime scene or are relevant for the purpose of investigation or inquiry will be considered property under this Section. These are considered movable property and are entitled to be taken under custody by the court.

Jewellery and valuables

Jewellery or other valuables such as gemstones, precious stones, gold, silver, etc., which are related to crime or will be a part of investigation and inquiry will be covered under the definition of property under Section 451 CrPC.

Vehicles

recovered from the crime scene that are in any way relevant to the investigation or crime scene can be taken under custody by the court. Vehicles include cars, buses, bikes, taxis, etc. These vehicles can be later disposed of by the court.

Electronic devices

Electronic devices that are recovered from the crime scene, such as mobile phones, CDs, pen drives, laptops, tablets, etc. These electronic devices may be considered substantial pieces of evidence since substantial information can be recovered through these items. Hence, these items are taken into custody by the court and later on, they are disposed of by the court.

Weapon of offence

This may include anything that was used for the commission of the offence or is found suspiciously at the place of crime. These items are taken into custody with utmost security and are later disposed of after the adjudication of the matter.

Clothes

If clothes are found in the place of crime these are covered under the order of Section 451 CrPC. These clothes may be relevant for the trial or inquiry, hence, these are later disposed of once the purpose is completed.

Other movable assets

Any other movable or immovable asset that is the relevant part of the investigation or inquiry will be covered under this order. These are later disposed of by the court.

Methods of disposal of property under Section 451 CrPC

The court holds the power to dispose of the property through various actions. The court may issue specific directions for the disposal of property based on the circumstances of the case and the nature of the property.

The following methods are used by the court of law under Section 451 of CrPC for the disposal of property:-

Sale

The court may order the sale of the property that was earlier taken into custody for the purpose of fair adjudication of the matter. The proceeds from the sale are used to compensate the victim or to repay loans and to meet various legal expenses.

The sale of the property can be done if the property is attached for the execution of a decree, if there is a failure to obey the decree, or if the facts of the case are such that the sale of the property is necessary.

Demolishing the property

If the court deems fit to demolish the property which means to eradicate the property from the ground then it may do so to get adequate proceeds from the property.

Demolishing the property is required based on the circumstances and facts of the case. The court may order the demolition of the property if it is creating some public nuisance, i.e., it is against the safety and the health of people or if it is an illegal construction, i.e., the property is made without prior permits or is violating any rule or regulation or law or if the property is an encroachment on a public or private property. The demolition of the property may vary according to the law.

Return to the rightful owner

Another method to dispose of the property is to return it to the rightful owner of the property if earlier, the property was in the wrongful possession of someone.

The property is returned to its rightful owner in certain situations,e.g.-

In case of a civil suit regarding trespass, any breach of contract or replevin actions.
if the case is of family law. The primary issue is of the division of property then the court in such a case may return the property to the rightful owner if the property was earlier in the possession of the wrong person.
if the case is of the stolen property it is returned to the owner after it is recovered by the law enforcing agencies.

Destruction or disposal

If the property is perishable and cannot be stored for long, the court then orders for the lawful disposal of the property or its destruction.

For example, if the property is a vegetable, fruit, or something of perishable nature is disposed of immediately by the court without keeping it in custody for long. This instant disposal is necessary to prevent any losses to the owner and to reduce any inconvenience to the owner.

The court may order the disposal of such property or may order a sale, both these decisions may vary according to the utility of the property. The court shall decide its disposal, which will be most suitable for justice.

Preservation

The court may order to preserve the property by looking at the nature of the property and its purpose for the trial and investigation. If the court deems fit, it may order the disposal of such property by the method which fits the most.

If the court seems it necessary to preserve the property for example to record evidence or for examination of the property etc then the court may preserve it.

Retention as evidence

The court may order the retention of the property if it finds the property to be a substantial piece of evidence and the relevant property for the trial and inquiry.

Generally, the retention of property is necessary to prevent any tampering with the evidence or to send the property for examination. The property of a perishable nature,i.e., the property that is subject to speedy or natural decay, is sold or disposed of on priority by the court.

Utilization for legal expenses

Many times, the court may order the disposal of property to meet the legal expenses borne by the victim party. The amount recovered on the disposal of property is used to compensate for the loss borne by the innocent party.

Many times, the property is sold or disposed of for the execution of a decree or to compensate for the losses borne by the other party. The court may order the sale or the disposal of the property in case of the non-payment of the loan by the party or on failure to obey the decree of the court.

The specific method of disposal

The court may order for a specific method of disposal depending on the special circumstances of the case and the nature of the property. The specific method of disposal is explained by the court along with the reasons for using the specific method of disposal.

Requirement for proper disposal of property

Proper disposal of the property becomes an important task for the court to prevent any losses to the parties and for the sake of justice as well. Following are the requirements for proper disposal of the property.

Preservation of evidence

The preservation of evidence is the most important part of a trial in a criminal case, proper disposal of property helps to preserve the ends of justice and ensure a fair trial.

Prevent misuse of the property seized

The misuse of property seized during the investigation or trial should be prevented at any cost. The items seized during the investigation or inquiry can be misused in any way, be it weapons or any substantial piece of evidence. Hence, the disposal of property by the order of the court helps in preventing the misuse of the property or evidence.

Protection of rights of accused

The rights of the accused stay protected by the proper disposal of the property. If the property is not further required for the purpose of trial or is irrelevant for evidence then it should be released to the accused or should be transferred to the rightful owner of the property.

Safety and Security

Proper disposal of the property ensures public safety and security. Many times hazardous items are obtained from the crime scene or during the investigation or the weapon of offence is to be adequately disposed of in order to preserve the safety and security of the public and to avoid any misuse of evidence.

Ensuring legal obligations

The disposal of property helps in ensuring legal obligations. Legal obligation here means that the proceeds from the disposal of the property are used to meet the ends of justice and the best legitimate use of the proceeds, such as compensating the victim and bearing the legal expenses.

Speedy legal proceedings

Speedy disposal of property helps to maintain speedy legal proceedings. The disposal of property is required to meet the ends of justice and to run the legal proceedings efficiently.

Release undue burden

The disposal of property is crucial to ease the burden on the party whose property is seized or is in the custody of the court. Disposal of the property is important to release the property from retention that is no longer needed for trial.

Scope of Section 451 CrPC

The scope of this provision becomes the most important part to discuss to prevent any misuse of power and to clear any ambiguity that may arise. The scope of this provision is covered under various subheadings that are mentioned below.

Application

The provision is applicable to the movable property. It gives the court power to make orders regarding the disposal of the property and its custody which are relevant for the purpose of trial or inquiry.

Custody of property

The provision gives the court the power to decide the custody of the property. This prevents the misuse of the property, which is counted as evidence during the pendency of trial.

Disposal of property

The court, through this provision, gets empowered to dispose of the property. Some properties are to be disposed of through a specific method of disposal. It empowers the court to dispose of the perishable properties first and retain properties that are needed for the purpose of trial.

Time and method of disposal

The provision empowers the court to decide the time and the method of disposal. The nature of the property should be seen before disposing of or deciding the custody of the property. Properties of perishable nature should be given priority when disposed of.

Securing rights

The provision aims to safeguard the rights of the accused whose property has been seized by the court. It focuses on handling the property for the rightful owner of the property and avoiding the misuse of the property.

Timely release of the property

The provision focuses on the timely release of the property if it is no longer needed for the trial or inquiry. The timely release of the property eases the undue burden and transfers the property to the rightful owner of the property.

Discretionary disposal

The court holds discretionary power to decide the method of disposal according to the facts and the circumstances of the case—this way of disposal results in the most efficient way of disposal of property.

Essentials of Section 451 CrPC

Property to be produced before any criminal court

Under Section 451 of CrPC, the property shall be produced before any criminal court only. The section does not apply to civil matters.

Property to be produced during inquiry or trial

The property under this provision should be produced during inquiry or trial only. And the property produced should be related to the case under trial or with the persons having sufficient interest in the case.

Order for proper custody

The court shall order proper custody of the property that was produced in front of the criminal court during any inquiry or trial.

Identifying the nature of the property

If the nature of the property is such that it is subject to speedy or natural decay then the disposal of such property shall be done immediately after recording it for evidence.

Order of sale or disposal

If the court deems fit, it may order the sale or disposal of the property once it has been recorded for the evidence and may order for retention based on the nature of the property.

Definition of Property

For Section 451 CrPC, property means property of any kind or document that is produced before the court or is already in the custody of the court or something that is used to commit any offence or regarding which some offence is committed.

Powers granted under Section 451 CrPC

The powers granted under this provision empower the magistrate and police to seize any property and to retain it until the trial is completed or up to the court’s satisfaction. Following are the powers that are granted under Section 451 CrPC.

Order for the custody of the property

This provision empowers the court to order the custody of this property to the rightful person which was earlier in the custody of the court or to retain it until required. Such property should be sufficiently related to the parties involved in the case or commission of a crime. For example, if a wooden stick was used by A to murder B, then the wooden stick becomes the property that can be retained until the trial is complete.

Authorising police officers or any other person

The provision gives the court power to order custody for any police officer or any other person it may deem fit. It may even authorise the person to take or retain possession of the property. This authority is given to prevent the tampering of evidence. The authorised person is bound to produce the property in front of the court whenever required by the court.

Production of the property whenever necessary

The court may demand the production of property whenever necessary from the person under whose possession or custody the property is. Such production is necessary for the adjudication of matters or to record the property as evidence. The property can be sent for further examination if the court deems fit.

Disposal of property

After the completion of the trial, if the court deems fit and no one claims the property, the court gets the right to dispose of and use the proceeds to meet legal expenses. The court may order for the specific disposal of the property depending upon the nature and the utility of the property. For example, if the property can harm public health and safety, then the court may order its immediate disposal.

Order for disposal

On identifying the nature of the property, the court may order for the disposal of the property. the order of disposal. Is based on other factors as well, such as the nature, requirements, etc. The order for disposal may be specific as well, i.e., the order of disposal shall contain the specific method for the disposal of the property if the court seems it is required for the benefit of parties and the general public.

Conditions for the seizure of property under Section 451 CrPC

Reasonable suspicion

The police officer shall have some reasonable suspicion to seize any property. Reasonable suspicion here means suspicion of the property being involved in the commission of the offence or property in any way being related to the case. The authority should have some credible information or evidence to seize any property.

Permission of magistrate

To seize the property from a dwelling house permission from the magistrate is required. This due permission is in the form of a warrant, which is commonly known as a search warrant.

Relevant property to be seized

Only the property which is related to the case should be seized, i.e., before seizing any property there should be some strong relation with the parties or it being used for the commission of the crime or some credible information regarding the property.

Report of seizure to the police in charge

If the property is seized by the subordinate police officer, then he shall report to the officer in charge of the police station regarding the seizure.

Preparation of seizure memo

The authority shall prepare a seizure memo under Section 102 CrPC containing all the details about the property seized.

This seizure memo is commonly called as panch nama which is prepared under the presence of five witnesses, or a minimum of two. These witnesses are commonly known as “Panchas”. Panchnama has been nowhere mentioned in the CrPC or any other statute. If the case is based on circumstantial evidence and there are no eyewitnesses, then the panchnama can be used as evidence. The “panchas” herein mentioned can refresh their memory under Section 159 of the Indian Evidence Act, of 1872 which is now replaced by Section 162 of the Bharatiya Sakshya Bill, 2023.

Execution of bond in certain cases

If the physical appearance of the property cannot be made easily and conveniently to the court, the police officer may give custody of such property to any person by executing a bond to produce the property in court whenever required.

Report to the magistrate of the seizure

The authority shall prepare a report of the property containing the place where it was found, circumstances, etc., and present it to the magistrate having appropriate jurisdiction.

Return of property as prescribed under Section 457 CrPC

When a property is reported to any magistrate by the police on the seizure of property, then the magistrate may order for the disposal of the property or the return of property to the person entitled. The return of property is done under Section 457 CrPC. Following is the procedure to be followed by the magistrate and police to return the property under this provision.

Application for release

If the property is of a person other than the accused and is under the custody of the court, he shall apply to the court and claim the property.

The application should contain.

particulars of the property
Reason for seizure
Claim on property

Mode of application

The application shall be in writing and shall specify the rights and interests of the party.

Notice to the interested person

A notice is issued by the court to all the interested parties of the property including the investigating officer.

The notice shall contain information regarding the application for the return of property and the time and date at which the application will be adjudicated.

Hearing of the application

After the service of notice, the application is adjudicated by the court. Both the parties bring their evidence to support their claim and the court finally decides who will be the lawful claimant of the property.

Delivery of the property

Based on the arguments and evidence presented if the court is satisfied, the property is now finally delivered to the claimant and the order is released by the court, of the delivery.

Penalising on false claim

If the claimant knew that the claim made was false or the court on examination found the claim to be false, the claimant would be punished with fine or imprisonment which may vary according to the facts and circumstances of the case.

Conditions following release

If the court deems fit to release the property with certain conditions, it may do so. The conditions here involve preventing the misuse of the property and producing the property in front of the court whenever required.

The court may order to furnish the security for the property to ensure that the property is returned if the need arises.

Comparative study of Section 451 and Section 457 CrPC

Basis	Section 451 CrPC	Section 457 CrPC
Purpose	This provision deals with the order of custody and disposal for the property that is pending in inquiry or trial.	This provision deals with disposal after the trial or inquiry.
Application	This provision comes into action when the police seize property related to the case during an investigation or inquiry.	This provision comes into play when the property is in the custody of the court during the pendency of inquiry or trial.
Custody of property	The custody of property can be taken by police or any authorised person that may be seized for inquiry or trial.	The property is returned to the person who’s entitled. And the retention of property is not required.
Stage of return	Property can be returned during the pendency of the trial.	Property is returned after the conclusion of inquiry or trial.

Limitations of Section 451 CrPC

The limitations of these provisions are discussed below.

Limited scope

The disposal of the property discussed under Section 451 of the CrPC can be only of the property that is discussed under Chapter 34 of the CrPC and not the property discussed under other provisions of the CrPC.

Applicable on a movable property only

The section applies to the movable property, i.e., in the case of the immovable property, the section will not apply.

Discretionary powers of the court

It gives the court the discretion regarding the order of disposal and custody. The court can apply conditions to the release and the custody of the property.

Undue burden over the claimant and lawful owner

Since the provision is not bounded by time, it provides no limitation period for the disposal of property or release of the property from the custody of the court which increases the undue burden on the claimant and the lawful owner.

Complicated process of disposal and release

The process of disposal and release is very complicated. The property is to go through adjudication to decide the right custody and disposal which is very time-consuming and complicated.

No provision for compensation

The provision does not provide any compensation to the person whose property was seized or was in the custody of the court for a long period.

Landmark judgements

Shail Kumar Singh v. State of UP (2001)

Facts of the case

The facts of the case were such that the father of the accused who was the license holder in the instant case moved an application for the release of the licensed weapons. The sessions trial for offences under Sections 147, 148, 149, and 307 of the Indian Penal Code, 1860 and under Sections 25/27 of the Arms Act,1959 was pending. This application was rejected by the session court.

Issues raised

The issue of this case was whether the revision should be done in the decision of the sessions court or not.

Judgement of the case

The appeal was done in front of the Allahabad High Court which set aside the decision of the sessions court to release the guns and stated that “Rifle/gun/revolver should be returned to its license holder if the license is still valid.” Hence the revision is allowed.

Sunder Bhai Ambalal Desai v. State of Gujarat (2003)

Facts of the case

The facts of the case are such, the learned counsel for the parties submitted that various articles were kept in the police station by not abiding by the procedures as mentioned under CrPC and were observed not to be in safe custody. The case was related to the prompt action to be taken for the disposal and custody of the property.

Issue raised

The issues of the case were as follows.

The disposal of articles kept in police custody.
An expeditious and judicious exercise of power in Section 451 of the CrPC is needed.

Judgement of the case

The Hon’ble Supreme Court has issued its directions thus: “We hope and trust that the concerned Magistrates would take immediate action for seeing that the powers u/s 451 CrPC are properly and promptly exercised and articles are not kept for a long time at the police station, in any case for not more than 15 days to one month. This object can also be achieved if there is proper supervision by the registry of the concerned High Courts in seeing that the rules framed by the High Court concerning such articles are implemented properly”.

District Co-operative Bank, Fatehpur v. State of UP (2006)

Facts of the case

In this case, an amount of four lakhs was recovered in connection with the crime under Section 394 IPC. The accused was acquitted and hence the money was forfeited in favour of the state government ultimately the application for the release of the amount was rejected by the magistrate. A revision was filed against the order which was later rejected by the sessions court.

Issue raised

The present application was filed under Section 482 of the CrPC, against the order of add. Sessions judge.

Judgement of the case

The Allahabad High Court held that the session judge shall have directed the parties to file a civil suit for the same but the amount cannot be in any way forfeited by the state government.

M/S Satnam Agro Industries & Anr. v. State of Punjab (2009)

Facts of the case

The facts of the case are that the counsel of the parties was given a proposal by the court to sell the paddy/rice to avoid any further losses to the party and this sale was to be done by the public auction. The amount received was to be fixed and deposited in a nationalised bank to earn interest on it.

Judgement of the case

The Hon’ble Supreme Court in this case stated that seeing the nature of the property if the item is perishable, it should be expeditiously sold by public auction or other way.

General Insurance Council v. State of A.P. (2010)

Facts of the case

In this case, the petition was filed under Article 32 of the Constitution of India for further directions, orders and clarification on the grey areas that remained unsolved in the case of Sunder Bhai Ambalal Desai v. State of Gujarat, 2003.

Issues raised

The petition was filed for further directions, orders and clarifications pertaining to the grey areas that were left undiscussed in the case of Sunderbhai Ambalal Desai v. the State of Gujarat regarding the interpretation and implementation of Section 451 and 457 CrPC.

Judgement of the case

The Hon’ble Supreme Court issued directions for the physical production of the vehicle and the personal bond of the insured vehicle. It along with the directions issued under Sunder Bhai Ambalal Desai v. State of Gujarat, 2003 mandates Section 451 and Section 457 to be read together. Further following directions were issued in this case by the Hon’ble Supreme Court:

“(i) Insurer may be permitted to move a separate application for release of the recovered vehicle as soon as it is informed of such recovery before the jurisdictional court. Ordinarily, release shall be made within a period of 30 days from the date of the application. The necessary photographs may be taken duly authenticated and certified and a detailed panchnama may be prepared before such release.

(ii) The photographs so taken may be used as secondary evidence during the trial. Hence, the physical production of the vehicle may be dispensed with.

(iii) The insurer would submit an undertaking/guarantee to remit the proceeds from the sale/auction of the vehicle conducted by the Insurance Company in the event that the Magistrate finally adjudicates that the rightful ownership of the vehicle does not vest with the insurer. The undertaking/guarantee would be furnished at the time of release of the vehicle pursuant to the application for release of the recovered vehicle. Insistence on personal bonds may be dispensed by looking at the corporate structure of the insurer.

The Court also showed its concern that it is a matter of common knowledge that the space that was unnecessarily occupied by the vehicles in the police stations and the machines were obsolete therefore depreciating their value due to natural decay. Even a working and running machine that used to be well maintained loses its worth on the road due to it being kept non-working in the station for a long period. It is usually complained that the spare parts of high-end vehicles are stolen or cannibalized. To avoid all this, apart from the aforesaid directions issued hereinabove, we direct that all the State Governments/Union Territories/Director Generals of Police shall ensure micro-implementation of the statutory provisions and further direct that the activities of every police station, especially with regard to disposal of the seized vehicles, be taken care of by the Inspector General of Police of the Division/Commissioner of police concerned of the cities/Superintendent of Police concerned of the district concerned. In case, any non-compliance is reported either by the petitioners or by any of the aggrieved party, then needless to say, we would be constrained to take a serious view of the matter against an erring officer who would be dealt with iron hands.

Section 451 CrPC under Bhartiya Nagarik Suraksha Sanhita

Chapter XXXIV which earlier dealt with the disposal of the property will now be replaced by Chapter XXXVI of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 451 CrPC has been replaced by Section 497 Bharatiya Nagarik Suraksha Sanhita, 2023. Certain changes have been made to the new provision which are as follows.

The court shall prepare a statement of the property produced before it within 14 days which shall contain the description of the property in such form and manner as the State Government may, by rules, provide.
The court shall take photographs or if necessary make a video of the property on mobile phones or any other electronic devices.
These photos and videos may be used as evidence for the inquiry or trial.
The court, within 30 days after making the statement mentioned above and after taking photos and videos may order for the disposal, destruction, confiscation or delivery of the property in the manner specified hereinafter.

Conclusion

The law empowers the government to dispose of any property or to transfer the property to the rightful owner that has been used in the commission of the crime or is in any way related to the offence. The provision specifies that the property should not be retained unnecessarily if not required and should be primarily disposed of to prevent any losses to the owner. It gives the magistrate powers to decide the method of disposal and can issue appropriate directions as well to dispose of the property. The method and the directions depend upon the nature of the property, i.e., if it is perishable in nature it should be disposed of expeditiously and if the property is of a non-perishable nature, then could be retained until required. Post disposal it is the duty of the court to check whether the property has been properly disposed of or not and whether the custody of the property has been given to the rightful owner or not.

Apart from the provisions under Chapter XXXIV under CrPC, there are other rulings as well that discuss the concept of custody in Rules 220-222 of Criminal Rules of Practice, submission of the material objects in Rules 223-226 of Criminal Rules of Practice and disposal of case properties in Rules 227-234 of Criminal Rules of Practice.

Careful application of Section 451 of CrPC contributes to the fair administration of justice and relief to the rightful owner of the property from loss and prevents the property from decay.

Frequently Asked Questions (FAQs)

Is it required to dispose of the property?

Yes, it is required to dispose of the property to prevent any misuse of the evidence or tampering with any evidence. The seized property is disposed of once the court feels that the retention of the property is not required.

How can a person get their property back from the seizure by the court or police?

The rightful owner of the property will have to apply for the return of the property to the court having jurisdiction. Once the court is satisfied that the property is no longer required they may return it to the rightful owner of the property.

What is the maximum limit of time for a property to be seized by the court?

The court can seize and retain the property until it deems it fit to retain it for the purpose of recording evidence or the court can keep it retained until the case gets adjudicated.

What are the powers granted under Section 451 of CrPC?

Order for the custody of the property

This provision empowers the court to order the custody of this property to the rightful person which was earlier in the custody of the court or to retain it until required. Such property should be sufficiently related to the parties involved in the case or commission of a crime. For example, if a wooden stick was used by A to murder B then the wooden stick becomes the property that can be retained until the trial is complete.

Authorising police officers or any other person

Production of the property whenever necessary

Disposal of property

Order for disposal

On identifying the nature of the property, the court may order for the disposal of the property. the order of disposal. Is based on other factors as well such as the nature, requirements etc. The order for disposal may also be specific, i.e., the order of disposal shall contain the specific method for the disposal of the property if the court seems it is required for the benefit of parties and the general public.