What is Power to restore possession of immovable property? What is the Procedure by police upon Seizure of property? Section 456 and 457 of Code of Criminal Procedure 1973

Power to restore possession of immovable property and Procedure by police upon Seizure of property are defined under Section 456 and 457 of CRPC 1973. Provisions under these sections are:

 

Section 456 of CRPC "Power to restore possession of immovable property"

(1)When a person is convicted of an offence Attended by criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property:

 

 

 

Provided that no such order shall be made by the Court more than one month after the date of the conviction.

(2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.

(3) Where an order has been made under sub- section (1), the provisions of Section 454 shall apply in relation thereto as they apply in relation to an order under Section 453.

(4) No order made in this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.

 

Section 457 of CRPC "Procedure by police upon Seizure of property"

 (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 such property to the person entitled to the possession thereof, or if such person cannot be ascertained respecting the custody and production of such property.

(2) If the person so entitled is known, the Magistrate 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 Magistrate may detain it and shall in such case, issue a proclamation specifying the article 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.

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