CrPC Section 451
π Section 451 CrPC β Custody of Property pending trial
Text of Section 451:
"When any property is produced before a Court, and the Court considers it necessary to take order for the custody thereof pending the conclusion of any investigation, inquiry, trial or other proceeding, the Court may make such order for the custody thereof as it thinks fit, and in particular β
(a) where the property is perishable or likely to suffer loss or damage or is otherwise of urgent nature, it may direct that the property be sold and the proceeds of the sale be deposited in the Court; and
(b) in any other case, it may order that the property be given on bail or delivered to any person on such conditions as it thinks fit, and if such person commits a breach of any such condition, the Court may take the property into its custody."
π Explanation of Section 451 CrPC
β 1. Purpose of Section 451
Section 451 empowers the court to take custody of any property that is produced before it during a criminal case. This property may be:
Evidence related to the offence,
Property involved in the commission of a crime, or
Property produced in connection with any investigation, inquiry, or trial.
The section ensures that the property is properly preserved and safeguarded pending the final disposal of the case.
β 2. When Does This Apply?
When property is presented before a court in the course of a criminal proceeding β such as investigation, inquiry, or trial.
The court feels that it is necessary to take control of the property to prevent it from being lost, damaged, or misused before the case concludes.
β 3. Powers of the Court under Section 451
The court can:
| Power | Explanation |
|---|---|
| Order custody | Direct that the property be kept safely by the court or entrusted to someone on certain conditions. |
| Order sale of property (if perishable or likely to be damaged) | The court can sell such property immediately to prevent loss and deposit proceeds with the court. |
| Release property on bail | In non-urgent cases, the court may release the property to a responsible person on bail with conditions. |
| Take back property | If the person given custody violates any conditions, the court can take the property back. |
β 4. Why This Section is Important
It prevents tampering, theft, or destruction of evidence or property related to a case.
Ensures fair trial by preserving the integrity of evidence.
Balances between protecting property and not unnecessarily depriving owners or interested parties.
β 5. Example
Suppose a car is seized as evidence in a theft case.
If the car is likely to be damaged if kept idle or itβs necessary to preserve it carefully, the court can either keep it in custody or order its safe storage.
If the car is perishable or at risk of deterioration (like food or goods), the court can order it sold and keep the money until the case is over.
Alternatively, the court may let the owner keep the car on bail with certain conditions.
π§ Key Takeaways
| Aspect | Explanation |
|---|---|
| Purpose | Safe custody and preservation of property during a criminal proceeding |
| Applicability | Any property produced before the court in investigation/trial |
| Courtβs discretion | Can keep property, order sale, or release on bail with conditions |
| Protects | Integrity of evidence and property rights |
RELATED Blog
0 comments