CrPC Section 405
Section 405 of the Criminal Procedure Code (CrPC), India:
⚖️ Section 405 CrPC — Power of High Court to make rules
🔹 What it means:
Section 405 empowers High Courts to make rules regarding how certain provisions of the CrPC should be implemented in practice, particularly concerning:
Delivery of property,
Custody and disposal of property involved in criminal cases.
🔍 Key Points:
Rule-making power:
The High Court can make rules about how property seized by the police or courts in a criminal case should be:
Handled,
Stored,
Returned,
Or disposed of.
Scope of the rules:
These rules apply to Magistrates and lower courts under the jurisdiction of that High Court.
The rules must be consistent with the main provisions of the CrPC.
Published in the Official Gazette:
The rules made under Section 405 must be published officially so they have legal force and are accessible to the public.
📦 What kind of property?
This typically applies to items like:
Stolen goods,
Weapons used in a crime,
Contraband, or
Any material evidence recovered during a criminal investigation.
📘 Example:
Suppose a court has to decide what to do with a motorcycle recovered in a theft case. The procedure for storing, maintaining, or returning it to its rightful owner will follow the rules framed by the High Court under Section 405.
✅ Summary:
Section 405 CrPC allows High Courts to create rules for managing seized property in criminal cases.
This helps standardize procedures and reduce confusion in lower courts.
These rules have to be published officially and followed by subordinate courts.
Let me know if you'd like:
A copy of specific High Court rules under Section 405,
The bare act language, or
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