CrPC Section 426
📜 Section 426 CrPC – Disposal of Property
Text of Section 426:
"When any property is in the custody of a Court or of a police officer, such Court or police officer shall take such order for the custody of the property, and, when the property is no longer required for the purposes of any investigation, inquiry, trial or other proceeding, shall dispose of it in such manner as the Court thinks fit."
🔍 Explanation of Section 426 CrPC
✅ 1. Purpose of Section 426
Section 426 provides a general guideline for courts or police officers on the handling and disposal of property that comes into their custody during the course of investigation, inquiry, trial, or other proceedings.
The goal is to:
Ensure proper custody of such property,
Prevent loss, damage or misuse of the property,
And arrange for appropriate disposal once it is no longer needed.
✅ 2. Key Points
| Aspect | Explanation |
|---|---|
| Custody | Property seized or produced before the court or police remains in their safe custody. |
| Disposal | When the property is no longer required for the case, it should be disposed of properly. |
| Disposal method | The Court or police decides how to dispose of it (e.g., returning to rightful owner, auction, destruction, etc.). |
✅ 3. When Does This Apply?
Property seized during investigation or trial (e.g., weapons, stolen goods, documents, etc.).
Property produced as evidence before the court.
After the conclusion of the case or when the property is no longer needed for legal proceedings.
✅ 4. Disposal Can Include
Return to the rightful owner, if appropriate.
Sale or auction (often regulated by other provisions, e.g., Section 452 CrPC for sale of property in custody).
Destruction, if property is illegal or perishable.
Other lawful methods as the court thinks fit.
✅ 5. Importance of Section 426
Avoids accumulation of seized property indefinitely.
Ensures fairness by returning property when possible.
Maintains integrity of evidence during proceedings.
Empowers courts/police to manage seized property responsibly.
✅ Example
Police seize a vehicle during investigation.
After the trial concludes and the vehicle is no longer needed, the court can order the vehicle to be returned to its owner or sold if rightful ownership is not established.
🧠 Key Takeaways
| Point | Explanation |
|---|---|
| Who | Courts and police officers holding property in custody |
| What | Custody and disposal of property involved in criminal cases |
| When | After property is no longer needed for the case |
| How | Disposal as deemed fit by the court or police |
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