What is Section 451 return of property?

Answered by

A Agarwalla & Co.

Published At June 7, 2024

Answer

Section 451 of the Code of Criminal Procedure, 1973, relates to the custody and disposal of property during a criminal inquiry or trial. It grants Criminal Courts the authority to make orders regarding the safekeeping of property presented before them. The primary aim is to ensure the proper custody of such property until the conclusion of the legal proceedings.

Under this section, when property is produced during an inquiry or trial, the court can order its proper custody. This provision safeguards the property, ensuring it remains secure until the legal process is completed. If the property is perishable, the court can order its sale or disposal after recording necessary evidence. This prevents the loss of value or usability of perishable items. 

The explanation attached to Section 451 broadens the definition of “property” to include any kind of property or document produced before the court or in its custody, as well as property that appears to have been used in the commission of an offence or regarding which an offense appears to have been committed. This comprehensive definition ensures that all relevant property is covered under this section. This section is often invoked to manage seized items, important documents, and perishable goods. By allowing courts to decide on the custody and disposal of such property, Section 451 ensures the integrity and value of the property are maintained. For cases involving complex property disputes, consulting the best property dispute lawyer India can provide valuable insights and legal expertise.