Order for disposal of property at conclusion of trial
AI Assist
Summary
After investigation, inquiry or trial the court or magistrate may destroy, confiscate or hand over any property or document produced or linked to an offence. Delivery can be unconditional or subject to a bond (with or without security) requiring restoration if the order is changed on appeal. Orders are usually stayed for two months or until any appeal is decided, except for livestock, perishable items, or where a bond exists. 'Property' also covers things obtained by converting or exchanging the original item.
Example
Priya says her bracelet was stolen and it is produced at a neighbour's house during trial. The magistrate orders the bracelet returned to Priya but requires a bond so it must be restored if the order is changed on appeal. Because the bracelet is not perishable, the delivery is stayed for two months or until any appeal is decided.
Bare Act
Enacted text(1) When an investigation, inquiry or trial in any criminal case is concluded, the Court or the Magistrate may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.
(2) An order may be made under sub-section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without securities, to the satisfaction of the Court or the Magistrate, engaging to restore such property to the Court if the order made under sub-section (1) is modified or set aside on appeal or revision.
(3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 503, 504 and 505.
(4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of.
(5) In this section, the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.
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