Section 454 CrPC: Appeal Against Orders Under Sections 452 and 453
Section 454 of the Code of Criminal Procedure, 1973 provides a statutory appeal to a person aggrieved by a criminal court's order concerning disposal of property or payment to an innocent purchaser. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 500.
Section 454 CrPC: Complete statutory text
Appeal against orders under section 452 or section 453
(1) Any person aggrieved by an order made by a Court under section 452 or section 453, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.
(2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.
(3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made.
Meaning and scope of Section 454
Section 454 creates an appeal against specified property-related orders made by criminal courts. It is concerned with the correctness and fairness of a property disposal or purchaser-reimbursement order, rather than automatically reopening every aspect of the criminal conviction or acquittal.
Which orders can be challenged?
- Section 452 CrPC: An order concerning disposal of property at the conclusion of an inquiry or trial, including delivery, confiscation, destruction or other lawful disposal.
- Section 453 CrPC: An order concerning payment to an innocent purchaser, out of money found on a convicted person, subject to the conditions stated in that section.
Who may appeal?
Any person aggrieved by an order under Section 452 or 453 may invoke the appeal provision, provided that the person can demonstrate a legally relevant adverse effect. Depending on the circumstances, this may include an accused person, complainant, owner, claimant or other person asserting a right in the property.
Which court hears the appeal?
Under Section 454(1), the appeal lies to the court that ordinarily hears appeals against convictions by the court that passed the challenged property order. The appropriate forum therefore depends on the original court and the applicable appellate jurisdiction; it is not necessarily the same court in every case.
Powers of the appellate court
Section 454(2) expressly permits the appellate court to:
- Stay implementation of the property order while the appeal is pending.
- Modify or alter the order where appropriate.
- Annul the order and make further orders that are just in the circumstances.
Under subsection (3), equivalent powers may also be exercised by a court of appeal, confirmation or revision when dealing with the underlying criminal case.
Practical considerations when filing an appeal
- Obtain the impugned order: Identify whether it was made under Section 452 or Section 453 and obtain the order and relevant case records.
- Identify the correct appellate forum: Determine the court to which conviction appeals ordinarily lie from the court issuing the order.
- Explain the grievance: Set out the claimed ownership or possessory interest, the legal or factual errors, and the relief sought.
- Seek a stay if necessary: Where disposal, auction, delivery or destruction is imminent, request interim protection because filing an appeal does not by itself guarantee a stay.
- Check applicable limitation and procedure: Applicable limitation rules, court rules and procedural requirements should be checked for the particular appeal. Do not assume that this section itself fixes a filing period.
Section 454 CrPC and Section 500 BNSS: Correspondence
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Appeal against specified property orders | Section 454 | Section 500 |
| Disposal of property at conclusion of trial | Section 452 | Section 498 |
| Payment to innocent purchaser | Section 453 | Section 499 |
| Repeal and savings | CrPC proceedings may be saved | Section 531 |
The BNSS has replaced the CrPC as the principal criminal procedure statute from 1 July 2024, subject to statutory savings and other applicable legal provisions. References to older CrPC section numbers in judgments, pleadings or existing proceedings should therefore be read in their proper context.
Illustrative situations
Example 1 - Disputed ownership: A trial court orders a seized article to be delivered to one claimant under Section 452. Another claimant who can show a legitimate interest may challenge that order under Section 454 and seek a stay of delivery.
Example 2 - Innocent purchaser: A purchaser requests reimbursement under Section 453, but the court refuses. If aggrieved, the purchaser may seek appellate scrutiny under Section 454, subject to the statutory requirements.
Example 3 - Property about to be sold: If a challenged order directs sale or other disposal, an applicant should specifically request a stay; the appeal provision gives the appellate court power to grant one, but it is not automatic.
Frequently asked questions
Does Section 454 allow an appeal against every seizure?
No. It specifically addresses orders made under Sections 452 and 453. Other seizure or interim custody decisions may involve different remedies.
Does an appeal automatically suspend a property disposal order?
No. Section 454(2) authorises a stay, which must be sought and granted as appropriate. Section 452(4) also contains separate restrictions on carrying out certain disposal orders; its exceptions and conditions must be considered.
What is the equivalent section under the BNSS?
Section 500 BNSS corresponds to Section 454 CrPC. The related provisions are Sections 498 and 499 BNSS.
Official legislation and related reading
- India Code - official central legislation database (search for the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023).
- Ministry of Home Affairs - Government of India (criminal law enactments and commencement notifications).
- Section 452 CrPC - Disposal of property at conclusion of trial.
- Section 453 CrPC - Payment to innocent purchaser.
This article provides general legal information. The text and procedural rules applicable to a particular case should be verified against the official legislation, court rules and relevant orders.