Section 454 of CrPC : Section 454: Appeal Against Orders Under Section 452 Or Section 453

Explanation using Example

Imagine a scenario where a local court has ordered the confiscation of a vehicle used in a smuggling operation under section 452 of The Code of Criminal Procedure, 1973. The owner of the vehicle, who claims he was unaware of the illegal use of his vehicle, feels aggrieved by this order. He decides to appeal against the confiscation order.

Under Section 454(1), the vehicle owner has the right to appeal to the higher court that handles appeals from the local court that made the confiscation order. If he does so, the appellate court, as per Section 454(2), has the authority to stay the order, meaning the confiscation will be put on hold until the appeal is decided. The appellate court may also change or cancel the local court's order or make any new order that seems fair in the circumstances.

Furthermore, if the case involving the confiscation is being reviewed by a higher court for any other reason, such as an appeal against the conviction, that court, as per Section 454(3), can also exercise the same powers to stay, modify, or annul the confiscation order during its proceedings.