Section 451 of CrPC : Section 451: Order for custody and disposal of property pending trial in certain cases.

Explanation using Example

Example 1:

Scenario: Seizure of Stolen Goods

Context: Ramesh's house was burglarized, and several valuable items, including jewelry and electronics, were stolen. The police apprehended the suspect, and during the investigation, they recovered the stolen items.

Application of Section 451:

• The stolen items are produced before the Criminal Court during the trial of the accused.
• The Court orders that the items be kept in the police custody until the trial concludes to ensure they are not tampered with or lost.
• Since some of the items are perishable (e.g., a high-end camera with a limited battery life), the Court, after recording necessary evidence, orders that the camera be sold and the proceeds be kept in the Court's custody until the trial concludes.

Example 2:

Scenario: Confiscation of Contraband

Context: During a routine check, the police find a large quantity of illegal drugs in a truck driven by Suresh. The drugs are seized, and Suresh is arrested and charged with drug trafficking.

Application of Section 451:

• The seized drugs are produced before the Criminal Court during Suresh's trial.
• The Court orders that the drugs be kept in a secure facility under police custody until the trial concludes to prevent any misuse or loss.
• Given that the drugs are subject to speedy and natural decay, the Court, after recording necessary evidence, orders that the drugs be destroyed in a manner prescribed by law, ensuring that the evidence is preserved through proper documentation and samples.

Example 3:

Scenario: Confiscation of Fake Currency

Context: During a raid, the police discover a printing press producing fake currency notes. The equipment and the fake currency are seized, and the individuals involved are arrested.

Application of Section 451:

• The fake currency and printing equipment are produced before the Criminal Court during the trial.
• The Court orders that the fake currency be kept in police custody to prevent it from being circulated.
• Since the fake currency is not subject to decay but poses a significant risk if not properly secured, the Court, after recording necessary evidence, orders that the fake currency be destroyed, ensuring that samples and documentation are preserved for the trial.

Example 4:

Scenario: Confiscation of Vehicles Used in Crime

Context: A car is used in a bank robbery, and the police manage to apprehend the robbers and seize the car.

Application of Section 451:

• The car is produced before the Criminal Court during the trial of the robbers.
• The Court orders that the car be kept in police custody until the trial concludes to ensure it is available as evidence.
• Since the car is not subject to decay but may depreciate in value, the Court, after recording necessary evidence, may order that the car be sold and the proceeds be kept in the Court's custody until the trial concludes.

Example 5:

Scenario: Confiscation of Documents

Context: During an investigation into a financial fraud case, the police seize several important documents and electronic records from the suspect's office.

Application of Section 451:

• The documents and electronic records are produced before the Criminal Court during the trial.
• The Court orders that the documents and electronic records be kept in police custody to ensure they are not tampered with.
• Since the documents are crucial for the trial and not subject to decay, the Court ensures they are securely stored and accessible for the duration of the trial.