Payment to innocent purchaser of money found on accused
Section 453 of the Code of Criminal Procedure, 1973 deals with payment to innocent purchaser of money found on accused. When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been ta 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him.
Section 453, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 499 Payment to innocent purchaser of money found on accused Text carried over almost unchanged 98%
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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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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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: Right of appeal against orders under Section 452
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Vilas Bhai vs State& ANR.
Court's Decision & Legal Precedent
The appellate court's power to remand a matter to the trial court is implicit in the wide powers conferred under Section 454(2) of the Criminal Procedure Code to 'modify, alter or annul the order and make any further orders that may be just.' This power applies to appeals filed by persons aggrieved by orders under Section 452 or 453, and is not restricted by the limitations of Section 386, which applies only to appeals by the Public Prosecutor or accused persons. When there are rival claims to recovered property, the appellate court may remand the matter to the trial court to decide the ownership after hearing all parties.
On this section: Referenced as one of the sections under which trial court orders can be made, against which appeals lie under Section 454.
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Dalpat Bhai vs State& ANR.
Court's Decision & Legal Precedent
The power of an appellate court under Section 454(2) of the Criminal Procedure Code to 'modify, alter or annul the order and make any further orders that may be just' includes the inherent power to remand a case to the trial court for fresh adjudication, even though the word 'remand' is not explicitly mentioned in Section 454. This power applies to appeals filed by any person aggrieved by an order under Section 452 or 453 Cr.P.C., and is not restricted by Section 386 Cr.P.C., which applies only to appeals by the Public Prosecutor or accused persons. When there are rival claims to seized property, the appellate court may remand the matter to the trial court to properly adjudicate the competing claims after hearing all interested parties.
On this section: Cited as the provision under which trial courts pass orders regarding seized property and disposal thereof.
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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… The relevant portion from the said order reads as under:- "2.There is no merits in this writ petition. The petitioner has to move appropriate application before the competent Magistrate for releasing the vehicle, in terms of Section 453 of the Code of Criminal Procedure. https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioner is therefore directed to approach the competent Magistrate's Court for return of the vehicle." 3.In the light of the above, I am inclined to dispose of this writ petition by granting liberty to the petitioner …
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… to release the TATA ACE Van Four Wheeler bearing Reg.No.TN 76 X 0856, seized on 23.02.2022 by considering the representation dated 24.03.2022. 2.There is no merits in this writ petition. The petitioner has to move appropriate application before the competent Magistrate for releasing the vehicle, in terms of Section 453 of the Code of Criminal Procedure. 3.The petitioner is therefore directed to approach the competent Magistrate's Court for return of the vehicle. 4.The writ petition stands disposed of, in terms of the above observation. No costs. Sd/- Assistant Registrar(Writs) // True Copy // / /2022 Sub …
Questions about Section 453
What have the courts held on Section 453 of the Code of Criminal Procedure?
G.suma vs The State of Ap. (22 Jul 2014) is the leading judgment on this section among those set out below: Right of appeal against orders under Section 452. Another 2 judgments on this section are set out below. They run from 2011 to 2014.
How do I find court cases under Section 453 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 453, section 453 CRPC, section 453 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. 3 reported judgments on this section are set out on this page, beginning with G.suma vs The State of Ap. (22 Jul 2014).
What should I read with Section 453 of the Code of Criminal Procedure, and has it changed?
2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 499 (Payment to innocent purchaser of money found on accused), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 453 of the Code of Criminal Procedure come into force?
Section 453 of the Code of Criminal Procedure, cited as CRPC 453, 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.