CrPC Section 454
Section 454 CrPC – Custody of property pending trial
Text of Section 454 CrPC:
When a person is accused of theft, extortion, robbery, dacoity, or criminal misappropriation of property or criminal breach of trust, and such property is in the possession of the accused or any person from whom it is recovered, the Magistrate may direct such property to be made over to the person from whom it was stolen, extorted, robbed, misappropriated, or retained in breach of trust, or to such other person as the Magistrate may think entitled to its possession, subject to such terms and conditions as to the Magistrate may seem fit to impose.
Explanation in Detail:
Section 454 CrPC is concerned with the custody of property involved in certain criminal offences while the trial is ongoing. The key idea is to ensure that the rightful owner or person entitled to the property can have possession of it during the pendency of the case, rather than the accused or any other person who may be unlawfully holding it.
Key Elements of Section 454 CrPC:
Types of Offences Covered:
Theft
Extortion
Robbery
Dacoity
Criminal misappropriation of property
Criminal breach of trust
Subject Matter:
Property that is in the possession of the accused or any person from whom it is recovered.
The property must be the same that was stolen, extorted, robbed, misappropriated, or retained in breach of trust.
Powers of the Magistrate:
The Magistrate can order that the property be made over to the person from whom it was taken or to any other person who appears to be lawfully entitled to possess it.
The Magistrate may impose terms and conditions for handing over the property.
This order can be given pending the trial, i.e., before the final judgment is passed.
Purpose and Importance:
This provision protects the rights of the rightful owners or lawful possessors of the property involved in certain crimes.
It prevents unlawful retention or disposal of property by the accused during the trial.
Ensures that the victim or lawful owner does not suffer further harm or loss due to the accused keeping the property.
The Magistrate has discretion to decide the terms of custody to ensure fairness and protection of all parties’ rights.
Practical Example:
Suppose someone is accused of stealing a motorcycle. The motorcycle is in the possession of the accused at the time of arrest or recovery. Under Section 454 CrPC, the Magistrate can order the motorcycle to be returned to the rightful owner during the trial, possibly subject to some conditions like furnishing a bond or surety to ensure the property’s safety.
Important Notes:
This section applies only to the specific offences listed in it.
The property handed over may be subjected to conditions like giving a security bond by the person receiving it, to ensure it is not misused or disposed of before the trial is over.
The Magistrate’s order can be appealed if any party feels aggrieved.
Summary Table:
| Aspect | Details |
|---|---|
| Offences Covered | Theft, Extortion, Robbery, Dacoity, Misappropriation, Breach of Trust |
| Subject Matter | Property in possession of accused or recovered from accused |
| Magistrate’s Power | Order to hand over property to rightful owner or entitled person with conditions |
| Objective | Protect rightful owner’s possession during trial |
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