What is Procedure where no claimant appears within six months? What is Power to sell perishable property? Section 458 and 459 of Code of Criminal Procedure 1973
Procedure where no claimant appears within six months and Power to sell perishable property are defined under Section 458 and 459 of CRPC 1973. Provisions under these sections are:
Section 458 of CRPC "Procedure where no claimant appears within six months"
(1) If no person within such period establish his
claim to such property, and if the person in whose
possession such property was found is unable to show that it
was legally acquired by him, the Magistrate 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 CRPC "Power to sell perishable property"
If the person entitled to 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 ten rupees, the
Magistrate 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.
DISPOSAL OF PROPERTY
What is the meaning of Order for custody and disposal of property pending trial in certain cases? What is the Order for disposal of property at conclusion of trial? Section 451 and 452 of Code of Criminal Procedure 1973
What is Payment to innocent purchaser of money found on accused? What is Appeal against orders under Section 452 or Section 453? What is destruction of libelous and other matter? Section 453, 454 and 455 of Code of Criminal Procedure 1973
What is Proceedings in wrong place? What is Non-compliance with provisions of Section 164 or Section 281? What is the Effect of omission to frame, or absence of, or error in, charge? Section 462, 463 and 464 of Code of Criminal Procedure 1973
What is Finding or sentence when reversible by reason of error, omission or irregularity? What is defect or error not to make attachment unlawful? Section 465 and 466 of Code of Criminal Procedure 1973
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES