Power to restore possession of immovable property
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Summary
When a conviction shows someone was dispossessed of immovable property by criminal force, show of force or criminal intimidation, the court may order restoration of possession and evict any occupant if necessary. The trial court must make that order within one month of conviction; if it does not, an appellate or revising court may do so while disposing the appeal or revision. The order does not affect any civil right in the property.
Example
Priya's neighbour used threats and took over her rented shop. After the neighbour is convicted, the court orders the shop returned to Priya and has the occupier evicted. If the trial court had not made that order within one month, an appellate or revising court could order restoration while disposing the appeal.
Bare Act
Enacted text(1) When a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such use of 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 500 shall apply in relation thereto as they apply in relation to an order under section 499.
(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.
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