Section 451 CrPC: Order for custody and disposal of property pending trial in certain cases

Code of Criminal Procedure, 1973

Section 451 CrPC at a Glance

Section 451 CrPC deals with order for custody and disposal of property pending trial in certain cases. From 1 July 2024 it is replaced by Section 497 BNSS.

Now BNSS

Section 497 →

What Section 451 CrPC Says

451. Order for custody and disposal of property pending trial in certain cases
When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.
Explanation
For the purposes of this section, “property” includes—
(a) property of any kind or document which is produced before the Court or which is in its custody;
(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

Source: Section 451, Code of Criminal Procedure, 1973

Section 451 CrPC in Simple Words

Section 451 of the Code of Criminal Procedure, 1973 lets a Criminal Court manage property produced before it while an inquiry or trial is underway.

The Court may make such order as it thinks fit for the proper custody of the property pending the conclusion of the inquiry or trial.

Where the property is subject to speedy and natural decay, or where it is otherwise expedient so to do, Section 451 CrPC allows the Court, after recording such evidence as it thinks necessary, to order it to be sold or otherwise disposed of.

When Section 451 CrPC Applies

When property is brought before a Criminal Court during an inquiry or trial, Section 451 of the Code of Criminal Procedure, 1973 provides that the Court may make such order as it thinks fit for its proper custody pending the conclusion of the inquiry or trial.
If the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Criminal Court may order it to be sold or otherwise disposed of after recording such evidence as it thinks necessary.
Under the Explanation to Section 451 CrPC, the power extends to any kind of property or any document that has been produced before the Criminal Court or is held in its custody.
The Explanation to Section 451 CrPC also covers any property regarding which an offence appears to have been committed or which appears to have been used for committing any offence.

Example of Section 451 CrPC

During a trial before a Criminal Court, crates of fresh mangoes regarding which an offence of theft by Suresh appears to have been committed are produced before the Court along with a wooden cart that appears to have been used for the commission of the offence. Ramesh applies under Section 451 of the Code of Criminal Procedure, 1973 for orders concerning the produced property. Because the mangoes are subject to speedy and natural decay, Section 451 CrPC allows the Court, after recording such evidence as it thinks necessary, to order them to be sold or otherwise disposed of. For the wooden cart, the Court may make such order as it thinks fit for its proper custody pending the conclusion of the trial.

When Section 451 CrPC Does Not Apply

Section 451 of the Code of Criminal Procedure, 1973 does not apply unless property is produced before a Criminal Court during an inquiry or trial.

Section 451 CrPC Under BNSS 497: What Changed

Section 451 CrPC is now covered under Section 497 BNSS.

Section 451 of the Code of Criminal Procedure, 1973 became Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the renumbering as Section 497(1) BNSS being a change of form. Section 497(1) BNSS adds the Magistrate empowered to take cognizance or commit the case for trial and extends the rule to the investigation stage, while the custody power, the sale or disposal test, and the Explanation remain unchanged. Section 497(2) BNSS, Section 497(3) BNSS, Section 497(4) BNSS and Section 497(5) BNSS are new sub-sections with no CrPC source covering a statement within fourteen days, photography and electronic videography, evidentiary use, and disposal orders within thirty days.

View detailed comparison (CrPC 451 vs BNSS 497) →

FAQs on Section 451 CrPC

When can a Criminal Court pass an order for custody of property under Section 451 CrPC?▼

A Criminal Court may pass an order for custody when any property is produced before it during any inquiry or trial under Section 451 of the Code of Criminal Procedure, 1973. In that situation, the Court may make such order as it thinks fit for the proper custody of the property pending the conclusion of the inquiry or trial. The provision applies only while the inquiry or trial is pending before the Criminal Court.

When may a Criminal Court order property to be sold or disposed of under Section 451 CrPC?▼

Section 451 of the Code of Criminal Procedure, 1973 allows a Criminal Court to order property produced before it during an inquiry or trial to be sold or otherwise disposed of when specific conditions exist. The property has to be subject to speedy and natural decay, or it has to be otherwise expedient so to do. Under Section 451 CrPC, the Court may order the property to be sold or otherwise disposed of after recording such evidence as it thinks necessary.

What does the term property include under Section 451 CrPC?▼

The Explanation to Section 451 of the Code of Criminal Procedure, 1973 defines the scope of property covered by that provision. It includes property of any kind or any document that is produced before the Criminal Court or that is in the custody of the Court. In addition, under Section 451 CrPC, property includes any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

Where is Section 451 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision corresponding to Section 451 CrPC is found in Section 497(1) BNSS, and Section 497(2) BNSS to Section 497(5) BNSS add a statement of the property, a photograph or videograph, and an order for disposal within thirty days.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·