CrPC Sections 453, 454 and 455: Payment to Innocent Purchaser, Appeal and Destruction of Property

Section 453 CrPC: Payment to innocent purchaser of money found on accused

Section 453 protected a person who had purchased stolen property in good faith from the offender without knowing, or having reason to believe, that the property was stolen.

When could the Court grant payment?

The power arose where a person was convicted of an offence that included, or amounted to, theft or receiving stolen property; another person had bought the stolen property from the convicted person without knowledge or reason to believe that it was stolen; and money had been taken from the possession of the convicted person on arrest.

On the innocent purchaser applying to the Court and restoring the stolen property to the person entitled to possession, the Court could direct payment to that purchaser out of the money recovered from the convicted person. The amount could not exceed the price actually paid by the purchaser.

• The purchaser had to be innocent of knowledge that the property was stolen.
• The stolen property had to be restored to the person entitled to its possession.
• Money must have been taken from the convicted person on arrest.
• The Court's order was discretionary and the payment could not exceed the purchase price.

Section 454 CrPC: Appeal against orders under Section 452 or Section 453

Section 454 provided a statutory appeal to a person aggrieved by an order made under Section 452 or Section 453 CrPC. The appeal lay to the court to which appeals ordinarily lay from convictions by the court that passed the property order.

Powers of the appellate court

Pending the appeal, the appellate court could stay the order. After considering the matter, it could modify, alter or annul the order and could make any further order considered just.

The same powers could also be exercised by a court of appeal, confirmation or revision while dealing with the case in which the original order under Section 452 or Section 453 had been made.

Section 455 CrPC: Destruction of libellous and other matter

Section 455 empowered the criminal court, after specified convictions under the Indian Penal Code, 1860, to order destruction of certain material connected with the offence.

Obscene or defamatory material

On conviction under Sections 292, 293, 501 or 502 IPC, the Court could order destruction of all copies of the thing in respect of which the conviction was recorded when those copies were in the custody of the Court or remained in the possession or power of the convicted person.

Adulterated food, drink, drugs or medical preparations

On conviction under Sections 272, 273, 274 or 275 IPC, the Court could similarly order destruction of the food, drink, drug or medical preparation in respect of which the conviction was recorded.