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Indian criminal procedure | Property disposal after conviction

Section 455 CrPC: Destruction of Libellous and Other Matter

Section 455 of the Code of Criminal Procedure, 1973 empowers a criminal court, after conviction for specified offences, to order the destruction of particular publications or unsafe food, drink, drugs and medical preparations. This article explains the original provision, its conditions and the corresponding framework under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current law: The BNSS came into force on 1 July 2024 and replaced the CrPC for proceedings governed by the new law. Section 501 BNSS addresses destruction of libellous and other matter. The repeal and savings provision in Section 531 BNSS is relevant to pending matters and proceedings under the earlier law.

Section 455 CrPC: Statutory text

(1) On a conviction under section 292, section 293, section 501 or section 502 of the Indian Penal Code (45 of 1860), the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted.

(2) The Court may, in like manner, on a conviction under section 272, section 273, section 274 or section 275 of the Indian Penal Code (45 of 1860), order the food, drink, drug or medical preparation in respect of which the conviction was had, to be destroyed.

Meaning and scope of Section 455 CrPC

Destruction: A court-directed disposal of the identified articles so that they cannot continue to be circulated or used. The order is a consequence available after conviction; it is not an automatic result of an allegation or seizure.

Libellous matter: In this procedural context, the expression forms part of the statutory heading and covers the printed or other matter involved in the specified offences, including the IPC provisions dealing with defamatory publications. The section also covers specified obscene material offences.

Possession or power of the convicted person: Subsection (1) reaches copies held by the court or remaining under the possession or control of the person convicted. It does not purport to authorize indiscriminate destruction of copies held by unrelated persons.

When can the court order destruction?

1. Specified publication offences

Under subsection (1), the court must have convicted the person under one of the expressly listed IPC provisions: Section 292 (sale and related dealing in obscene material), Section 293 (sale and related dealing in obscene objects to young persons), Section 501 (printing or engraving matter known to be defamatory), or Section 502 (sale of printed or engraved matter containing defamatory matter). The court may then order destruction of copies connected to that conviction and within the specified custody or control.

2. Adulterated or harmful consumables

Subsection (2) addresses conviction under IPC Sections 272 or 273 (adulteration or sale of noxious food or drink) or Sections 274 or 275 (adulteration or sale of adulterated drugs). The court may direct destruction of the food, drink, drug or medical preparation involved in the conviction.

3. Judicial discretion

The word "may" means the destruction power is discretionary, not mandatory in every case. The order should identify the relevant material and its connection to the conviction. Any separate statutory regime governing seized goods, food safety, medicines or forfeiture must also be considered where applicable.

Corresponding provision under BNSS, 2023

Section 501 BNSS is the corresponding provision dealing with destruction of libellous and other matter. The BNSS uses the post-2024 criminal procedure framework, while the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code for offences governed by the new substantive law. Accordingly, readers should check the wording of Section 501 BNSS and the offences cited there rather than mechanically applying the old IPC section numbers to new cases.

The applicable enactment may depend on the date of the alleged offence, the procedural stage and statutory savings. Section 531 BNSS governs repeal and savings; the general repeal-and-savings rules of the BNS may also be relevant to older offences.

Practical considerations for courts and parties

  1. Confirm the conviction: Establish that the judgment concerns an offence listed in the applicable destruction provision.
  2. Identify the articles: Record which copies, food items, drugs or preparations were involved and where they are held.
  3. Preserve the record: Ensure evidence needed for appellate or other lawful proceedings is properly documented before any irreversible disposal.
  4. Review the order: Check whether the destruction direction is within the scope of the statute and whether any stay or appellate direction applies.
  5. Comply with special laws: Food, medicines and other regulated articles may be subject to additional requirements.

For broader property-disposal rules, see Section 452 CrPC. For appeal provisions relating to certain property orders, see Section 454 CrPC. These provisions should not be treated as an automatic appeal route for every order under Section 455.

Frequently asked questions

Can material be destroyed before conviction under Section 455 CrPC?

Section 455 is framed as a post-conviction power. Other provisions may govern interim custody or disposal before the case concludes, but they have their own conditions.

Does conviction automatically require destruction?

No. The statute says the court may order destruction; it grants discretion subject to the law and the facts of the case.

What is the corresponding BNSS section?

Section 501 of the Bharatiya Nagarik Suraksha Sanhita, 2023 addresses destruction of libellous and other matter.

Does Section 455 apply to every defamatory publication?

No. The old provision is tied to conviction under the specific IPC sections listed in subsection (1), and its reach is confined to the articles described there.

Official legal references

This page provides general legal information and is not a substitute for the applicable statute, judicial directions or professional advice in a particular case.