Appeal against orders under section 452 or section 453
Section 454 of the Code of Criminal Procedure, 1973 deals with appeal against orders under section 452 or section 453. Appeal against orders section 452 or section 453.(1) Any person aggrieved by an order made by a Court under section 452 or section 453, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
Appeal against orders section 452 or section 453.(1) Any person aggrieved by an order made by a Court under section 452 or section 453, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.
(2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.
(3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing
with the case in which the order referred to in sub-section (1) was made.
Section 454, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 500 Appeal against orders under section 498 or section 499 Text carried over almost unchanged 99%
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 The repealed enactment still governs what happened while it was in force.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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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: Central provision in the case. Section 454 provides for appeals by any person aggrieved by orders made under Section 452 or 453. The court held that Section 454(2) confers wide powers on the appellate court to 'modify, alter or annul the order and make any further orders that may be just,' which implicitly includes the power to remand.
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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: Central provision in this case. Court held that Section 454(2) grants appellate courts wide powers to 'modify, alter or annul the order and make any further orders that may be just', which includes the power to remand cases to trial courts for fresh adjudication.
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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 and 453
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.
Questions about Section 454
What have the courts held on Section 454 of the Code of Criminal Procedure?
Vilas Bhai vs State& ANR. (27 Jan 2011) is the leading judgment on this section among those set out below: Central provision in the case. Section 454 provides for appeals by any person aggrieved by orders made under Section 452 or 453. The court held that Section 454(2) confers wide powers on the appellate court to 'modify, alter or annul the order and make any further orders that may be just,' which implicitly includes the power to remand. Another 2 judgments on this section are set out below. They run from 2011 to 2014.
How do I find court cases under Section 454 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 454, section 454 CRPC, section 454 of the Code of Criminal Procedure. People searching for it also type 454 crpc in bnss and 454 crpc pakistan. 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 Vilas Bhai vs State& ANR. (27 Jan 2011).
What should I read with Section 454 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 452 (Order for disposal of property at conclusion of trial), section 453 (Payment to innocent purchaser of money found on accused), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 500 (Appeal against orders under section 498 or section 499), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 454 of the Code of Criminal Procedure come into force?
Section 454 of the Code of Criminal Procedure, cited as CRPC 454, 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.