Destruction of libellous and other matter
Section 455 of the Code of Criminal Procedure, 1973 deals with destruction of libellous and other matter. On a conviction under section 292, section 293, section 501 or section 502 of the Indian Penal Code (45 of 1860), the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or po 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
(1) On a conviction under section 292, section 293, section 501 or section 502 of the Indian Penal Code (45 of 1860), the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted.
(2) The Court may, in like manner, on a conviction under section 272, section 273, section 274 or section 275 of the Indian Penal Code (45 of 1860), order the food, drink, drug or medical preparation in respect of which the conviction was had, to be destroyed.
Section 455, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 501 Destruction of libellous and other matter 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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
- s. 272 Language of Courts
- s. 273 Evidence to be taken in presence of accused
- s. 274 Record in summons-cases and inquiries
- s. 292 Evidence of officers of the Mint
- s. 293 Reports of certain Government scientific experts
- Indian Penal Code s. 275 Sale of adulterated drugs
- Indian Penal Code s. 502 Sale of printed or engraved substance containing defamatory matter
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: Destruction of libellous material and obscene publications
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 455
What have the courts held on Section 455 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: Destruction of libellous material and obscene publications.
How do I find court cases under Section 455 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 455, section 455 CRPC, section 455 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. 1 reported judgment on this section is set out on this page, beginning with G.suma vs The State of Ap. (22 Jul 2014).
What should I read with Section 455 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 272 (Language of Courts), section 273 (Evidence to be taken in presence of accused), section 274 (Record in summons-cases and inquiries), section 292 (Evidence of officers of the Mint), and on 3 further provisions, so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 501 (Destruction of libellous and other matter), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 455 of the Code of Criminal Procedure come into force?
Section 455 of the Code of Criminal Procedure, cited as CRPC 455, 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.