What is the difference between 451 and 457 CrPC?

What is the difference between 451 and 457 CrPC?

“451. Order for custody and disposal of property pending trial in certain cases. So far as Section 457 of CrPC is concerned, on reference to its opening part, there is no reference to any enquiry, investigation or trial pertaining to the property, seizure of which is reported by the Police Officer to the Magistrate.

What CrPC 451?

Section 451 of the Code of Criminal Procedure Act, 1973 enables a Magistrate to provide for interim custody. The object of the Court that any property which is in the control of the Court either directly or indirectly should be disposed off by the Court under just and proper order regarding its disposal.

What is disposal of property under CrPC?

It was explained that the object and scheme of the provisions of the Code of Criminal Procedure (CrPC) with regard to the disposal of property is that where a property which has been the subject-matter of an offence is seized by the police, it must not be retained in the custody of the police or court, unless and till …

What CrPC 457?

(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 …

What is case property?

b) any property regarding which an offence appears to have been committed or which appears. to have been used for the commission of any offence. When such property is involved in commission of an offence, or is the subject matter of an offence, the same is known as case property.

Is IPC 451 bailable?

Is IPC 451 bailable or non-bailable offence? IPC 451 is a Bailable offence.

What CrPC 102?

Section 102 in The Code Of Criminal Procedure, 1973. 102. Power of police officer to seize certain property. (1) Any police officer, may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.

What is the time limit under section 468 of CrPC for taking cognizance?

For the purpose of this chapter, “ period of limitation ” is prescribed as the period specified for taking the cognizance of offence as specified in Section 468 unless the context otherwise requires….Definitions.

What is appeal in CRPC?

Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.

What is irregular proceedings?

Irregular proceedings means something which is not even or is not in shape and their criminal law that aims to deliver Justice by pushing the guilty and by providing a remedy to de victim and under Crpc there were some sections which deal with the legal provision of irregular processings section 460-466 there were …

Who can file a caveat application?

A person can choose to file a petition for a caveat in any Civil Court of original jurisdiction, Appellate Court, High Court, and Supreme Court, whenever the Caveator feels some legal proceedings is to be filed against him in the coming future.

What does section 451 of code of Criminal Procedure, 1973 do?

Section 451 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained! Legal Provisions of Section 451 of Code of Criminal Procedure, 1973 (Cr.P.C.), India. Order for custody and disposal of property pending trial in certain cases: This section deals with the custody and disposal of property during an inquiry or trial.

What are the powers under section 451 Cr.P.C?

For the Narcotic drugs also, for its identification, procedure under Section 451 Cr.P.C. should be followed of recording evidence and disposal. Smt. Basavva Kom Dyamangouda Patil v. State of Mysore, 1977 (4) SCC 358. M.B. Shah, J.

Can a property still be in possession during a CrPC trial?

These provisions are known by many people, but the thing which remains unknown is that CrPC also has provisions relating to disposal of property for which the inquiry or trial is pending or is still under process. Which benefits the owner or the possessor of the property to use its property or to have its possession during the trial is going on.

Which is the CrPC order for disposal of property?

Suresh Chand, (1991) Cr LJ 469 (SC). 452. Order for disposal of property at conclusion of trial.