Procedure where no claimant appears within six months
Section 458 of the Code of Criminal Procedure, 1973 deals with procedure where no claimant appears within six months. If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as may be prescribed.
(2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.
Section 458, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 504 Procedure where no claimant appears within six months Text carried over almost unchanged 96%
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 The repealed enactment still governs what happened while it was in force.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: Confiscation of property if no person with claim appears after proclamation
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 point of limitation found that all the offences allegedl1, committed by the petitioner would attract fine or irnprisonment for one year except for the olfence committed under Section 293A of the Companies Act. vvhich rvould attract imprisonment for a period of three vears Thus, the limitation as prescribed under Section 458 of the Code of Criminal Procedure for all the offences except rhe offence of the Section 2!pA of the Compar-rics Act is one year from the date of knowledge, u,hereas the limitation for the offence under Section 293,{ of the Companies Act is ttrree years from the clate of knowleclge. On perusal of complaint, …
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… Where any seed is seized by an inspect under this clause, he shall forthwith report the fact of such seizure to a Magistrate where upon the provisions of sections 457 and 458 of the code of criminal procedure 1973 (2 of 1974) shall so far as may be applied to the custody and disposal of such seed. 4. Every person, if so required by an inspector shall be bound to offer all necessary facilities to him for the purpose of enabling him to exercise power under this clause. 17. …
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… As per the details obtained from the C.I.D. (CB), the respondents have disposed of 21388 vehicles up to February, 2014. Learned counsel submitted that the Government has issued a Circular dated 07.11.2005 requiring all the concerned Police Stations to strictly follow the guidelines contained therein as per Sections 451 and 458 of the Code of Criminal Procedure. Another Circular dated 07.01.2000 to this effect was issued by the Director General of Police to all the Superintendent of Police of Rajasthan. As per the last additional affidavit filed by respondents on 13.10.2014 before this court, the number of items and vehicles lying in the …
Questions about Section 458
What have the courts held on Section 458 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: Confiscation of property if no person with claim appears after proclamation.
How do I find court cases under Section 458 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 458, section 458 CRPC, section 458 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 458 of the Code of Criminal Procedure, and has it changed?
3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 504 (Procedure where no claimant appears within six months), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 458 of the Code of Criminal Procedure come into force?
Section 458 of the Code of Criminal Procedure, cited as CRPC 458, 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.