Order for custody and disposal of property pending trial in certaincases
Section 451 of the Code of Criminal Procedure, 1973 deals with order for custody and disposal of property pending trial in certaincases. Order for custody and disposal of property pending trial in certain cases. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.
Explanation.-For the purposes of this section, "property" includes-
(a) property of any kind or document which is produced before the Court or which is in its custody,
(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.
Section 451, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 497 Order for custody and disposal of property pending trial in certain cases Close, with changes 83%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Multani Hanifbhai Kalubhai v. State of Gujarat
Court's Decision & Legal Precedent
Judgment of Main Case order-4.pdf 2013-02-01. Crl A 219/2013. Sathasivam/Khehar. DATE-CHECK flagged 2012-09-25 / 2012-08-02 / 2012-08-24 FIR and lower-court fact dates (false positive); body is the named reportable ending 'NEW DELHI; FEBRUARY 01, 2013'. s.451 application to release a seized truck; Gujarat Animal Preservation 6B(3) six-month bar does not apply to buffalo calves (not in s.5(1A)); it is of no use to keep a seized vehicle in the police station for a long period (Sunderbhai line). Sunderbhai SCIN010114492002 is ROP-only; Khengarbhai order-9 is a reserved ROP — not used.
On this section: s.451 custody-and-release of property pending trial is not ousted by a special-statute six-month bar that does not cover the goods actually seized; a vehicle should not be left to decay in the police station (Multani Hanifbhai).
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Nevada Properties Pvt. Ltd. through Its Director LTD vs The State of Maharashtra Home Department S. H. O
Court's Decision & Legal Precedent
The expression 'any property' appearing in Section 102(1) of the Code of Criminal Procedure, 1973 does not include immovable property. A police officer does not have the power to attach, seize, and seal an immovable property under Section 102 of the Code. The word 'seize' in Section 102 means actual taking of possession which cannot be done with immovable property without dispossessing the occupant, which power is not conferred by Section 102. Immovable property disputes must be adjudicated by Civil Courts or through specialized statutory procedures like the Criminal Law Amendment Ordinance 1944 or Chapter VIIA of the Code. However, police may seize documents or papers of title relating to immovable property as this is distinct from seizure of the immovable property itself.
On this section: Chapter XXXIV on Disposal of Property - these sections empower Criminal Courts to make orders regarding disposal of both movable and immovable property, but are not dependent on Section 102 seizure. Section 451 Explanation includes immovable property. Section 452 applies to property regarding which an offence appears to have been committed. Section 456 specifically addresses restoration of immovable property in cases of criminal force or intimidation. Section 457 applies to property seized by police but not produced during trial.
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Manager, Panjrapole Deudar vs Chakram M Nat
Court's Decision & Legal Precedent
Under Section 35(2) of the Prevention of Cruelty to Animals Act, 1960, a Magistrate has discretionary power (not mandatory obligation) to direct that seized animals be sent to a Pinjrapole. Pinjrapoles do not have preferential rights over animal owners in interim custody disputes. When determining interim custody, Magistrates must consider: (1) the nature and gravity of the alleged offence, (2) whether it is a first or repeat offence, (3) the animal's condition at seizure, (4) the possibility of further cruelty, and (5) the Pinjrapole's track record and independence. An animal owner facing first prosecution retains a better claim to interim custody unless specific factors indicate risk of further cruelty or the animal's condition necessitates specialized care.
On this section: Cited regarding general principles of custody and deprivation of ownership rights
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Kalimera Narsing Rao vs The State of Telangana
Court's Decision & Legal Precedent
When a vehicle is seized in a criminal investigation and deposited before a competent court, the proper remedy for release is to file an application under Section 451 Cr.P.C. before that court, not to approach the High Court through a writ petition. The High Court will not exercise its extraordinary jurisdiction under Article 226 when adequate remedies exist in the lower courts.
On this section: Proper procedure for application to release property seized in criminal investigation
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S Krishnaiah vs B Mallika Rjuna
Court's Decision & Legal Precedent
When a criminal complaint alleging theft is filed before a magistrate, the magistrate's primary duty is to inquire into the complaint and decide whether to take cognizance of the offense or forward it to police for investigation. The magistrate cannot entertain applications regarding the subject matter of the complaint (such as interim custody of seized property) without first taking cognizance of the offense. Furthermore, a magistrate cannot return seized property to the accused without proper inquiry into the criminal allegations, merely because the accused disputes ownership. The distinction between civil ownership disputes and criminal theft allegations must be maintained, and the magistrate's earlier finding of prima facie case of theft cannot be contradicted by subsequently returning the property without justification.
On this section: Relates to interim custody of seized goods; the magistrate entertained an application under this section but disposed it irregularly
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G.suma vs The State of Ap.
Court's Decision & Legal Precedent
Interim custody of seized property can be granted to a legal heir or interested party pending criminal trial, subject to: (a) preparation of detailed panchanama with photographs; (b) furnishing of adequate security through immovable property bonds; (c) execution of undertaking to produce property as and when required; (d) undertaking that photographs and panchanama may be marked as evidence if property cannot be produced at trial; and (e) compliance with other terms and conditions imposed by the Court. The property remains under custodia legis and Court's control, and the owner should not suffer merely because the property is seized as evidence in a criminal case.
On this section: Interim custody and disposal of case property pending trial; applies where property is brought before Court with Form-66
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… We are unable to concur with the finding of the learned Single Judge to the contrary. 14. Now we proceed to consider whether the security furnished before the Judicial First Class Magistrate's Court could be considered as sufficient security for the purposes of the Act. Section 451 of the Code of Criminal Procedure, 1973 which corresponds to Section 497 of the Bharathiya Nagarik Suraksha Samhitha, provides for -: 11 :- interim release of property produced before any criminal Court. The interim order for custody in terms thereof is only regarding custody …
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… We are unable to concur with the finding of the learned Single Judge to the contrary. 14. Now we proceed to consider whether the security furnished before the Judicial First Class Magistrate's Court could be considered as sufficient security for the purposes of the Act. Section 451 of the Code of Criminal Procedure, 1973 which corresponds to Section 497 of the Bharathiya Nagarik Suraksha Samhitha, provides for -: 11 :- interim release of property produced before any criminal Court. The interim order for custody in terms thereof is only regarding custody …
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… Act had been issued by the Income Tax Department to the Station House Officer, Nilambur Police Station. On being informed by the Police that the amounts seized from the aforesaid persons had been produced before the Judicial First Class Magistrate Court, Nilambur, the Department had filed an application under Section 451 of the Code of Criminal Procedure [hereinafter referred to as the "Cr.P.C."], since, going by the judgment of this Court in R. Ravirajan and Others v. State of Kerala - [2023 (4) KLJ 423] , the provisions of Section 132A of the I.T. Act could not be applied to requisition something in the custody of the court. …
Questions about Section 451
What have the courts held on Section 451 of the Code of Criminal Procedure?
Multani Hanifbhai Kalubhai v. State of Gujarat (01 Feb 2013) is the leading judgment on this section among those set out below: s.451 custody-and-release of property pending trial is not ousted by a special-statute six-month bar that does not cover the goods actually seized; a vehicle should not be left to decay in the police station (Multani Hanifbhai). Another 5 judgments on this section are set out below, 3 of them from the Supreme Court. They run from 1998 to 2024.
How do I find court cases under Section 451 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 451, section 451 CRPC, section 451 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 6 reported judgments on this section are set out on this page, beginning with Multani Hanifbhai Kalubhai v. State of Gujarat (01 Feb 2013).
What should I read with Section 451 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 497 (Order for custody and disposal of property pending trial in certain cases), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 451 of the Code of Criminal Procedure come into force?
Section 451 of the Code of Criminal Procedure, cited as CRPC 451, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.