CrPC Section 257
Section 257 CrPC: Return of property seized or taken possession of
Text of Section 257 CrPC:
When, in the course of any investigation or inquiry, or at any time before the judgment is pronounced, any property which has been seized or taken possession of by the police or any other person acting under the authority of the court or a public servant, is no longer required as evidence, the court or the officer in charge of the investigation shall return it to the person from whom it was taken, or to the person legally entitled to it.
🔍 Detailed Explanation:
1. Purpose of Section 257:
This section deals with the return of property that was seized during investigation or inquiry but is no longer required for evidence in the case.
Property can be any kind of article, object, or document taken possession of by the police or court during investigation or trial.
2. When does Section 257 apply?
During investigation or inquiry: The stage before the case reaches trial.
At any time before judgment is pronounced: Even during the trial or any stage until the final verdict is delivered.
3. Who returns the property?
The court conducting the trial or inquiry, or
The officer in charge of the investigation (usually the police officer leading the case).
4. To whom is the property returned?
To the person from whom it was taken, or
To the person legally entitled to it (this could be someone else with a rightful claim).
5. Condition for return:
The property must no longer be required as evidence in the case.
This means if the property is not relevant or needed for proving the offence, it should be returned.
6. Why is this section important?
Protects the rights of individuals by ensuring unnecessary detention of property does not happen.
Prevents misuse or wrongful withholding of property by authorities.
Ensures that innocent persons are not unduly deprived of their belongings.
Example:
Suppose a mobile phone was seized during the investigation of a theft case, but it turns out the phone is not connected to the crime. The police or the court should return the phone to its owner before the case ends, once it is clear the phone is not needed as evidence.
📝 Summary:
| Aspect | Explanation |
|---|---|
| Purpose | Return seized property not needed as evidence |
| Timing | Any time before judgment is pronounced |
| Authority to return | Court or investigating officer |
| To whom property is returned | Person from whom taken or legally entitled |
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