CrPC Section 453: Payment to Innocent Purchaser of Money Found on Accused
This section deals with the situation where money is found on the accused during arrest, and an innocent person claims to have purchased it from the accused.
1. Code:
Section 453 of the Code of Criminal Procedure, 1973
2. Explanation:
This section outlines the procedure for dealing with money found on an accused during arrest when a third party claims to have purchased it in good faith. The Magistrate can order the money to be paid to the innocent purchaser, subject to certain conditions.
Conditions:
- The purchaser must prove that they purchased the money from the accused in good faith.
- The purchase must have occurred before the accused’s arrest.
- The Magistrate must be satisfied that the purchaser is an innocent party and not involved in the offense.
3. Illustration:
A person is arrested for theft. During the arrest, a large sum of money is found on him. A shopkeeper claims that he sold this money to the accused for some goods he purchased earlier that day. The Magistrate, after hearing both parties, can order the money to be paid to the shopkeeper if he is satisfied that he purchased the money in good faith.
4. Common Questions and Answers:
Q: What if the accused claims the money is not theirs?
A: If the accused denies ownership of the money, the Magistrate can order the money to be deposited in court until the case is decided. The accused can then claim the money if they can prove their ownership.
Q: Can the Magistrate refuse to pay the money to the purchaser?
A: Yes, if the Magistrate is not satisfied that the purchaser is an innocent party, they can refuse to pay the money.
Q: What happens if the purchaser cannot prove they purchased the money in good faith?
A: If the purchaser cannot prove their claim, the Magistrate will not order the money to be paid to them.
