CrPC Section 452
📘 Section 452 CrPC – Power to Take Possession of Property in Certain Cases
⚖️ Bare Act Language (Simplified)
Section 452 gives a court the power to take possession of any property involved in a case during trial or proceedings, to prevent:
The property from being stolen, damaged, or misused, or
To secure its custody until the final disposal of the case.
The property can be:
Property involved in the case,
Property that may be needed as evidence,
Or property that may be subject to forfeiture.
🧱 What Does Section 452 Say?
When the Court Can Take Possession:
When a court is trying a case involving any property, or even after the case is disposed of (finished), if it appears necessary to take possession of the property to prevent loss, destruction, or misuse, it can do so.
The Court’s Powers Include:
Taking possession of the property itself.
Directing the property to be handed over to some person for safekeeping.
Appointing someone to maintain custody of the property.
How Long Can the Court Retain Possession?
The court can retain the property until:
The conclusion of the trial and any appeals,
Or until it orders the property to be delivered to someone (like the rightful owner or custodian).
🧠 Purpose of Section 452
To protect property that is involved in a crime or dispute.
To preserve evidence.
To prevent misuse, damage, or theft of property during legal proceedings.
To ensure fair trial and justice by safeguarding material things connected to the case.
📌 Key Points to Remember
The court’s power under Section 452 is discretionary — it can be exercised only if the court thinks it’s necessary.
The property can be movable or immovable.
The court may appoint a receiver or another custodian to look after the property.
Taking possession does not affect ownership rights but is only for protection and safe custody.
🔍 Example
Suppose there is a case involving stolen jewelry. During the trial, the court may take possession of the jewelry to:
Prevent it from being lost or stolen again,
Keep it safe for examination as evidence,
Deliver it only to the rightful owner after the case is decided.
🧾 Summary of Section 452 CrPC
| Element | Explanation |
|---|---|
| When applicable | When property involved in case needs protection |
| Powers of court | Take possession, order custody, appoint custodian |
| Purpose | Preserve property and evidence, prevent misuse |
| Duration | Till disposal of case or court’s further order |
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