Order for custody and disposal of property pending trial in certain cases
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Summary
When property is produced before a criminal court during an inquiry or trial, the court may decide how it should be kept until the proceedings end. If the item is perishable or disposal is otherwise expedient, the court may, after recording necessary evidence, order it to be sold or otherwise disposed of. 'Property' includes documents and any thing that appears to be involved in or used for an offence.
Example
Priya brings a box of perishable mangoes to court as evidence in a theft inquiry. The court records brief evidence about the mangoes and orders them sold immediately so they do not rot, keeping the sale proceeds intact until the case concludes.
Bare Act
Enacted textWhen any property is produced before any Criminal Court during an inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.
Explanation
– For the purposes of this section, “property” includes:
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(a) property of any kind or document which is produced before the Court or which is in its custody.
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(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.
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