CrPC Section 451: Custody and Disposal of Property Pending Trial

1. State the Code

Section 451 of the Code of Criminal Procedure, 1973 (CrPC) deals with the custody and disposal of property pending trial in a criminal case.

2. Explain It

This section empowers a Magistrate to order the custody of any property involved in a criminal case. The Magistrate has the power to decide who will hold the property until the trial is complete.

• Custodian: The Magistrate can appoint a custodian to take charge of the property. This custodian can be a government official, a person connected to the case, or even a private individual.
• Conditions for Custody: The Magistrate can impose conditions on the custodian, like taking care of the property, providing security, or not disposing of it without permission.
• Disposal of Property: The Magistrate can also decide what happens to the property after the trial is over. Depending on the outcome of the case, the property might be returned to the rightful owner, forfeited to the state, or disposed of in another way.

3. Illustrate It

Imagine a case where a stolen car is recovered by the police. The Magistrate, under Section 451, can order the car to be kept in a police station compound until the trial against the accused is complete. They can also appoint a police officer as the custodian, with instructions to ensure the car’s safety and prevent its misuse.

4. Common Questions and Answers

Q: Can a Magistrate order the sale of property pending trial?
A: Yes, under certain circumstances. The Magistrate can order the sale of perishable goods to prevent spoilage, or if the cost of maintaining the property is high.

Q: Who can apply for custody of property under Section 451?
A: Any person claiming an interest in the property, the accused person, or the police investigating the case can apply to the Magistrate for custody of the property.

Q: What happens to the property if the accused is acquitted?
A: If the accused is acquitted, the property is usually returned to the person who was in possession of it before the case started.