CONCEPT OF DISPOSAL OF PROPERTY UNDER CODE OF CRIMINAL PROCEDURE, 1973

Property can be taken into custody by the court for being involved in an offence or for being used for committing an offence. This type of property on which inquiry has been initiated or may be produced as a piece of evidence before the court; once produced, the court can issue an order for the disposal of the property. The disposal of property by the court during an inquiry or a trial is a crucial issue in some cases. Chapter 34 of the Code of Criminal Procedure, 1973 deals with this disposal. The property can be disposed of by either destruction, confiscation, or delivering or giving the property to a person claiming to be entitled to such property, selling it off etc.

Disposal may be defined a s the process used by the courts for decommission and dispose of assets due to aging or some changes in ownership of the property. Decisions of disposal of property requires thorough examination. In criminal law, there are four types of properties or type of document in which court deals with. These are as follows:

• Property or documents which have been used in committing an offence
• Properties or documents on which an offence has been committed
• Properties or documents which have been produced before the court
• Properties or documents which are in the custody of police or court

Methods that can be used for disposal of the property are listed here:

• Destruction of property
• Confiscation
• Endorsement to any person who claims to be entitled to the possession of the property

So this is what is meant by disposal of property and the kinds of property which the court deals which and how they can be disposed. The legal provisions related to disposal of property are discussed below.

DISPOSAL OF PROPERTY

Chapter 34 of Code of Criminal Procedure deals with disposal of property. The procedure and remedies for disposal of the property are mentioned in section 451 to section 459 of the criminal procedure code.

Section 451 of Code of Criminal Procedure: This sections deals with disposal of property before the conclusion of the case. According to this, when a property is produced before any criminal court during any inquiry or trial and according to the court it is fit for it to be placed in proper custody before the trial is concluded it can give the order for the same. Also if the property is subject to speedy and natural decay, the court may record necessary evidence and order it to be sold or disposed of. The sections also clearly defines the property which can be disposed of with this regard:

• Property produced during inquiry or trial:
• Property in regards to which an offence has occurred or which has been used for committing an offence

To understand the application of this section we can refer to the case of Abdurahiman V. the Excise Inspector

Facts: In this case, the petitioner challenged the court for rejecting the request for the interim release of his auto-rickshaw in connection to a crime whereby it was alleged that the autorickshaw was used for transporting contraband articles. However, the court denied the release under the Akbari Act.

Judgement: On appeal, the higher court held that under Section 451 of CRPC and provisions of Akbari Act, either the magistrate or authorised officer has the jurisdiction to release any property, vehicle etc which was used for commission of an offence punishable under the Akbari Act, if the long detaining of the vehicle will cause prejudice to the owner. Accordingly, the appellate court ordered the lower court to reconsider its order and allow release.

Section 452 of Code of Criminal Procedure: Now that we have discussed the disposal of the property before the conclusion of the trial, let’s move on to the disposal of property once the trial has concluded.

• As per section 452, the court may order for the disposal of property when the trial or inquiry into a criminal court has been concluded. This disposal may be by destruction, confiscation or delivery to any person who claims to be entitled to possess a property or document produced before the court.
• Sub section(2) of this section says an order made under section 452 may be made with or without any condition that the possessor of the property would execute a bond that he will restore such property to the court if the order made is modified or appealed.
• Sub section (3) explain that the Sessions court may decide to deliver the property to the Chief Judicial Magistrate.
• Further, the order will not be carried for at least 2 months or if an appeal is presented until it is disposed of.

A case in this regard is Thangam @ Thangathammal vs The State Rep. By Inspector Of … on 15 June, 1998 

Facts: In this case, during the trial, the prosecution witness had filed and received an order in favour of him to obtain a property by way of interim custody. After the trial the accused (who was acquitted), now the petitioner filed an application stating that she is rightfully entitled to get possession of the property as it belongs to her. However, the lower court ruled against her, stating that the application was belatedly filled. 

Judgment: On appeal, however, the Madras High Court held that the order given by the lower court is not the correct one and an application can only be filed after the conclusion of trial under Section 452 of the Code of Criminal Procedure. Thus, the petitioner filed such an application at the appropriate stage and the revision should be allowed.

Section 453 of Code of Criminal Procedure: Payment to Innocent Purchaser of Money found on Accused

It says that if a person purchases a stolen property with bonafide intention, without knowing that the property is stolen, then this property may be recovered from that person and if the amount is recovered by the accused, then he may be entitled to the same amount which was given by him for the property.

Section 454 of Code of Criminal Procedure: Appeal against orders under section 452 or section 453

This section provides a person who can appeal against an order made by a court under section 452 or 453 to the court to which appeal ordinarily lie from convictions by the former court.

On this, the court may direct the order to stay pending disposal of the appeal or may modify, alter or annul the order and make any further orders that may be just. 

Section 455 of the Code of Criminal Procedure: Destruction of libelous and other matter

It says that if a person is convicted under section 501 or 502 of the Indian Penal Code, 1860 the court can order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the court or remain in the possession or power of the person convicted.

Also if a person convicted under section 272, 273, 274, or section 275 of the Indian Penal Code, the court can order the food, drink, drug, or medical preparation in respect of which the conviction was to be destroyed.

Section 456 of the Code of Criminal Procedure: Power to restore possession of immovable property

It  is regarding the power of the Court to restore possession of immovable property. This Section states that if it appears to the Court that a person convicted of criminal force or intimidation dispossessed some person of immovable property, the court can order for recovery of such property to that person. This restoration can even be done by evicting the property by force from someone who possesses it. However, this restoration must be made within 1 month after the conviction. Further, Sub Section (2) states that the Court of appeal may also make such an order.

It is pertinent to mention here that this section only applies when:

• The person convicted is convicted for the offence of criminal intimidation,
• The person disposed of the property has been dispossessed because of this criminal force.

With regards to Section 456, an important case is Smt. Ganga And Ors. vs State Of Rajasthan And Anr. on 1 April, 1992 

Facts: In this case, Ram Kumar was legally given physical possession of a room and staircase. However, the accused Champa Lal, Virendra Singh, Kamlesh and Parasram used force and intimidation to dispossess him from the same. Accordingly, the Court convicted them. During the course of conviction, Champa Lal died. The court decided that the fine imposed against Champa Lal must be realised from the property left by him. However, his legal representatives filed an appeal against this.

Judgement: The Court of appeal held that in case the accused has wrongfully dispossessed some property under Section 456 an order of restoration would survive even after his death and abatement of appeal. Thereafter, whoever would be in possession of said property including his legal representatives would be bound to restore it.

Section 457 of the Code of Criminal Procedure: Procedure by police on seizure of property

It provides the Procedure by Police upon seizure of Property. It says that whenever the court gets a report of seizure of property by the police, even if such property is not produced before a criminal court during an inquiry as well as trial, the court can order disposal of the property as it deems fit.

Sub-Section (2) saya that if a person so entitled is known, the court may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the court may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.

Section 458 of the Code of Criminal Procedure: Procedure when no complaint appears within 6 months

This section says that if no person claims the property to be his own or the person in whose possession such property was found is unable to show that it was legally acquired by him, within a period of 6 months, the court may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as may be prescribed.

Section 459 of the Code of Criminal Procedure: Power to sell perishable property

This section states that if a property which is perishable and the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than five hundred rupees, the court may at any time direct it to be sold; and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

CONCLUSION

The Code of Criminal Procedure, 1973 lays out, in detail, the procedure to deal with a property used for committing an offence or one pertaining to which an offence has been committed. It clearly lays down that the property must be disposed of as soon as possible, i.e., as soon as it is no longer absolutely required.

The property cannot be retained by the police unless it is absolutely necessary to do so. Section 451 to Section 459 of the Code clearly lays down the law pertaining to this and explains how the Magistrate should deal with the property. With this regard, it becomes a duty of the court to ensure that appropriate orders are passed for the disposal of the property.