Law Maker

CHAPTER XXXIV DISPOSAL OF PROPERTY

Section 456: Power to restore possession of immovable property

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

(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.

Questions on this section

1 question in 2 of our papers cite Section 456. Try these from the free papers:

  1. 1. D is convicted of an offence committed by criminal intimidation, by which E was dispossessed of a shop. The trial Court makes no order about the shop when convicting D. Six weeks after the conviction, E applies to the same trial Court for restoration of possession under Section 502 of the BNSS. The trial Court:

Practise questions on Criminal Law