CrPC Section 425
⚖️ Section 425 CrPC – Special Power of the High Court to Make Orders Necessary for the Ends of Justice
📜 Text of Section 425:
"The High Court may, if it thinks fit, make such order for the disposal of any property or for the custody thereof as it thinks necessary for the ends of justice."
✅ Explanation in Simple Terms:
🔍 What Section 425 Means:
The High Court has the special authority and discretion to make any orders about the disposal or custody of property involved in criminal proceedings.
These orders are made as the High Court deems necessary to serve the cause of justice in a particular case.
It’s a broad, residual power intended to enable the High Court to act flexibly and ensure justice is done.
🔹 Key Points:
Who can exercise this power?
Only the High Court.
What kind of orders?
Orders about:
Disposal of property involved in a criminal case.
Custody or safekeeping of such property.
Purpose:
To ensure that the ends of justice are met — i.e., fair treatment, protection of rights, and proper administration.
Nature of power:
Discretionary and wide-ranging.
Can be used in situations where no other specific provision exists.
🧠 Purpose of Section 425:
To give the High Court a flexible tool to deal with property-related issues arising during criminal proceedings.
To fill gaps where no other sections provide guidance.
To protect justice by allowing necessary orders for safeguarding property or disposing of it fairly.
📝 Illustration:
Suppose:
There’s a complicated case involving disputed property seized during an investigation.
The lower courts are unsure how to deal with the custody or disposal.
The High Court steps in and issues an order regarding:
How the property should be held safely, or
How it should be disposed of, so that no party is prejudiced.
📌 Important Notes:
Section 425 is not frequently invoked, but it provides important supervisory power.
The orders made under this section must still be within the limits of justice and fairness.
This section often applies when lower courts seek directions or the High Court intervenes suo motu.
🔗 Related Sections:
Section 441 CrPC: Disposal of property taken into custody by courts.
Section 457 CrPC: Procedure for custody and disposal of property.
Section 482 CrPC: High Court’s inherent powers to prevent abuse of process or secure justice.
✅ Summary Table:
| Element | Explanation |
|---|---|
| Authority | High Court only |
| Scope of Power | Orders regarding disposal or custody of property in criminal proceedings |
| Purpose | To serve the ends of justice and ensure fair treatment |
| Nature of Power | Discretionary, wide, residual |
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