Section 456 CrPC: Power to restore possession of immovable property

Code of Criminal Procedure, 1973

Section 456 CrPC at a Glance

Section 456 CrPC deals with power to restore possession of immovable property. From 1 July 2024 it is replaced by Section 502 BNSS.

Now BNSS

Section 502 →

What Section 456 CrPC Says

456. Power to restore possession of immovable property

(1) When a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property:

Provided that no such order shall be made by the Court more than one month after the date of the conviction.

(2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.

(3) Where an order has been made under sub-section (1), the provisions of section 454 shall apply in relation thereto as they apply in relation to an order under section 453.

(4) No order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.

Source: Section 456, Code of Criminal Procedure, 1973

Section 456 CrPC in Simple Words

Section 456 of the Code of Criminal Procedure, 1973 is headed Power to restore possession of immovable property. Under Section 456(1) CrPC, when a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property.

No such order shall be made by the Court more than one month after the date of the conviction. Under Section 456(2) CrPC, where the Court trying the offence has not made an order under Section 456(1) CrPC, the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.

When Section 456 CrPC Applies

  • Section 456(1) CrPC applies when a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation.
  • It must appear to the Court that, by such force or show of force or intimidation, any person has been dispossessed of any immovable property.
  • The Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property.
  • Under Section 456(2) CrPC, where the Court trying the offence has not made an order under Section 456(1) CrPC, the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.
  • Under Section 456(3) CrPC, where an order has been made under Section 456(1) CrPC, the provisions of Section 454 CrPC shall apply in relation thereto as they apply in relation to an order under Section 453 CrPC.
  • Under Section 456(4) CrPC, no order made under Section 456 CrPC shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.

Time Limits Under Section 456 CrPC

  • Under the proviso to Section 456(1) CrPC, no such order shall be made by the Court more than one month after the date of the conviction.Act text: “no such order shall be made by the Court more than one month after the date of the conviction”

Example of Section 456 CrPC

Ramesh is convicted of an offence attended by criminal intimidation, and it appears to the Court that, by such intimidation, Suresh has been dispossessed of a shop, which is immovable property. Mahesh is in possession of the shop. Under Section 456(1) CrPC, the Court may, if it thinks fit, order that possession of the shop be restored to Suresh after evicting by force, if necessary, Mahesh. No such order shall be made by the Court more than one month after the date of the conviction.

When Section 456 CrPC Does Not Apply

  • Section 456 CrPC speaks of an order restoring possession of immovable property. It does not deal with the disposal of property at the conclusion of a trial, which is the subject of Section 452 CrPC.
  • Section 456 CrPC speaks of a person dispossessed of immovable property by force or intimidation. It does not deal with the destruction of libellous and other matter, which is the subject of Section 455 CrPC.

Section 456 CrPC Under BNSS 502: What Changed

Section 456 CrPC is now covered under Section 502 BNSS.

From 1 July 2024, Section 502 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 456 of the Code of Criminal Procedure, 1973. The heading is the same. Section 502(1) BNSS reads an offence by use of criminal force where Section 456(1) CrPC read an offence attended by criminal force, and reads by such use of force where Section 456(1) CrPC read by such force. Section 502(3) BNSS reads section 500 and section 499 where Section 456(3) CrPC read section 454 and section 453. The rest of the text is the same.

View detailed comparison (CrPC 456 vs BNSS 502) →

FAQs on Section 456 CrPC

When may the Court order possession restored under Section 456(1) CrPC?▼

Under Section 456(1) CrPC, when a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person. No such order shall be made by the Court more than one month after the date of the conviction.

May a Court of appeal, confirmation or revision make the order under Section 456(2) CrPC?▼

Under Section 456(2) CrPC, where the Court trying the offence has not made an order under Section 456(1) CrPC, the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.

Whom may the Court evict under Section 456(1) CrPC?▼

Under Section 456(1) CrPC, possession is restored after evicting by force, if necessary, any other person who may be in possession of the property.

Where is Section 456 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 456(1) CrPC is found in Section 502(1) BNSS, Section 456(2) CrPC in Section 502(2) BNSS, Section 456(3) CrPC in Section 502(3) BNSS and Section 456(4) CrPC in Section 502(4) BNSS. Section 454 CrPC is found in Section 500 BNSS, Section 453 CrPC in Section 499 BNSS, Section 452 CrPC in Section 498 BNSS and Section 455 CrPC in Section 501 BNSS.

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