Power to restore possession of immovable property
Section 456 of the Code of Criminal Procedure, 1973 deals with power to restore possession of immovable property. When a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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) When a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property :
Provided that no such order shall be made by the Court more than one month after the date of the conviction.
(2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.
(3) Where an order has been made under sub-section (1), the pro- visions of section 454 shall apply in relation thereto as they apply in relation to an order under section 453.
(4) No order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.
1011.
Section 456, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 502 Power to restore possession of immovable property Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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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Sarabjeet Singh @ Binny vs State
Court's Decision & Legal Precedent
In criminal proceedings, the question of restoration of possession of immovable property cannot be decided in a writ petition before trial. Restoration of possession can only be ordered under Section 456 CrPC after conviction of the accused. Disputes relating to possession and title of immovable property are civil matters which must be adjudicated by Civil Courts, not criminal courts. Criminal courts have limited jurisdiction to determine only whether illegal dispossession occurred as a criminal act, not to adjudicate civil rights to possession.
On this section: Restoration of possession after conviction - only provision for restoring possession in criminal proceedings
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Zila Panchayat Uttarkashi vs State and Another
Court's Decision & Legal Precedent
When a magistrate receives an application under Section 456 Cr.P.C. for restoration of possession in a matter where previous courts have already granted and confirmed the direction for restoration of possession, the magistrate should not register a new criminal case but should instead issue directions to the police for compliance with the previous court orders. Registration of a new case in such circumstances constitutes an abuse of the process of court and is liable to be quashed under Section 482 Cr.P.C. The magistrate's duty is to ensure compliance with existing court orders, not to create new proceedings.
On this section: Power of magistrate to restore possession of property to a person from whom it has been wrongfully taken. The court examined the proper procedure for invoking this section and the magistrate's duty to comply with previous orders issued under 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: Restoration of immovable property
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 456
What have the courts held on Section 456 of the Code of Criminal Procedure?
Sarabjeet Singh @ Binny vs State (24 Apr 2025) is the leading judgment on this section among those set out below: Restoration of possession after conviction - only provision for restoring possession in criminal proceedings. Another 2 judgments on this section are set out below. They run from 2005 to 2025.
How do I find court cases under Section 456 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 456, section 456 CRPC, section 456 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 Sarabjeet Singh @ Binny vs State (24 Apr 2025).
What should I read with Section 456 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 453 (Payment to innocent purchaser of money found on accused), section 454 (Appeal against orders under section 452 or section 453), 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 502 (Power to restore possession of immovable property), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 456 of the Code of Criminal Procedure come into force?
Section 456 of the Code of Criminal Procedure, cited as CRPC 456, 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.