CrPC Section 456 — Power to restore possession of immovable property

CHAPTER XXXIV DISPOSAL OF PROPERTY

General

Official Text

(1) When a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property:

Provided that no such order shall be made by the Court more than one month after the date of the conviction.

(2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.

(3) Where an order has been made under sub-section (1), the provisions of section 454 shall apply in relation thereto as they apply in relation to an order under section 453.

(4) No order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.

Sections referred to

Referred to by

CrPC §39 — Public to give information of certain offences

Related Judgments

H.P. GUPTA vs MANOHAR LAL A.ND ORS — Supreme Court of India (1978)
NEVADA PROPERTIES PRIVATE LIMITED THROUGH ITS DIRECTOR vs STATE OF MAHARASHTRA AND ANR — Supreme Court of India (2019)
STATE OF MAHARASHTRA vs TAPAS D. NEOGY — Supreme Court of India (1999)
Represented by:; Mr. Kapil Sibal, Senior Advocate; with Mr. Sandeep Ka vs CENTRAL BUREAU OF, INVESTIGATION & ANR — Delhi High Court (2021)
Karnail Singh Accharasingh. vs Shashikant Kulkarni & Anr — Bombay High Court (Mumbai Principal Seat) (2008)
NIDHI KAIM vs STATE OF MADHYA PRADESH & OTHERS ETC — Supreme Court of India (2016)