CrPC Section 429
Section 429 of the Code of Criminal Procedure (CrPC), 1973:
⚖️ Section 429 CrPC – Disposal of case property when sessions judges differ
📜 Bare Text of Section 429 CrPC:
429. Disposal of case property when sessions judges differ.
If two or more Judges of a Court of Session sitting together differ in opinion as to the disposal of any property, the order shall be made in accordance with the opinion of the majority, if there is a majority.If the Judges are equally divided, they shall state the point on which they differ, and the case shall be laid before another Judge of the same Court, and the disposal of the property shall be in accordance with the opinion of the majority of the Judges who have heard the case, including those who first heard it.
✅ Explanation and Key Points:
🔹 Context:
This section deals with situations where a bench of two or more Sessions Judges is hearing a case and they need to decide what to do with the property connected to the case (like seized items, stolen goods, vehicles, weapons, etc.).
🔹 What happens if judges disagree?
Majority Rule:
If there's a majority opinion among the judges on how to dispose of the property, that decision prevails.
Split Opinion (No Majority):
If the judges are equally divided, they must state the specific point of disagreement.
The matter is then placed before another Sessions Judge.
The final decision will be based on the majority view of all the judges involved (the original judges + the new one).
🧑⚖️ Example:
Suppose a bench of 2 Sessions Judges is hearing a case involving a confiscated vehicle.
Judge A wants to return the vehicle to the accused.
Judge B wants to auction the vehicle.
Since they are equally divided, they state the point of difference.
The case is referred to Judge C, another Sessions Judge.
If Judge C agrees with Judge A, the majority (2:1) decides to return the vehicle.
🧩 Why is this section important?
Ensures consistency and fairness in decisions regarding case property, which can often be valuable or contested.
Provides a clear mechanism for resolving disagreements among judges.
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