Power to sell perishable property
Section 459 of the Code of Criminal Procedure, 1973 deals with power to sell perishable property. If the person entitled to the possession of such property is un-known or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
If the person entitled to the possession of such property is un-known or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten rupees, the Magistrate may at any time direct it to be sold ; and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.
CHAP
IRREGULAR PROCEEDINGS.
CHAPTER XXXV
IRREGULAR PROCEEDINGS
Section 459, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 505 Power to sell perishable 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 The repealed enactment still governs what happened while it was in force.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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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: Immediate disposal of perishable property
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Tata Motors Finance LTD vs Ramji Lal Swami
Court's Decision & Legal Precedent
The High Court, exercising its supervisory jurisdiction under Section 482 CrPC, can direct subordinate courts to expeditiously dispose of pending applications, particularly when such applications have been pending for an unreasonably long period, by setting a specific timeframe for disposal to ensure judicial efficiency and prevent indefinite delays.
On this section: Relates to the subject matter of the pending application in the subordinate court; the High Court sought expeditious disposal of this application
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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… Such seizure shall forthwith be reported by the authority or officer aforesaid to a Magistrate having jurisdiction to try the offences under this Act and the provisions of Sections 457, 458 and 459 of the Code of Criminal Procedure, 1973 shall, so far as may be, apply in relation to such notified agricultural produce, livestock or products of livestock so seized as they apply in relation to any property seized by a police officer." The plain language of the above reproduced provision makes it clear that the …
Questions about Section 459
What have the courts held on Section 459 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: Immediate disposal of perishable property. Another 1 judgment on this section is set out below. They run from 2014 to 2015.
How do I find court cases under Section 459 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 459, section 459 CRPC, section 459 of the Code of Criminal Procedure. People searching for it also type 459 crpc in bnss and s 459 crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 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 459 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 457 (Procedure by police upon seizure of property), section 458 (Procedure where no claimant appears within six months), so none of them can safely be read on its own. 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 505 (Power to sell perishable property), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 459 of the Code of Criminal Procedure come into force?
Section 459 of the Code of Criminal Procedure, cited as CRPC 459, 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.