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.

(2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

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 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

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

What are the irregularities which do not vitiate proceedings? What are the irregularities which vitiate proceedings? Section 460 and 461 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

Section 468, 469, 470, 471, 472 and 473 of Code of Criminal Procedure 1973 - What is the limitation period for taking cognizance of offences under CRPC?

 

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