Power to restore possession of immovable property
AI Assist
Summary
Where a person is convicted for an offence involving criminal force or criminal intimidation and the court finds that the force or intimidation dispossessed someone of immovable property, the court may order that possession be restored and may evict any other person by force if necessary. The order must be made within one month of conviction, but an appellate, confirmation or revising court can make it while disposing of the appeal, reference or revision. The order does not affect any civil right or interest in the property.
Example
Ravi runs a small shop. His neighbour used threats to drive him out and took over the shop. After convicting the neighbour for criminal intimidation, the court finds Ravi was dispossessed and orders that possession be restored, directing eviction by force if necessary; the court must make such an order within one month of conviction.
Bare Act
Enacted 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.
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