Section 456 of the Code of Criminal Procedure, 1973 (CrPC) empowers a criminal court, following a qualifying conviction, to restore possession of immovable property to a person dispossessed through criminal force, a show of force or criminal intimidation. The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 502.
Section 456 CrPC: statutory text
(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.
Meaning and scope of Section 456
The provision offers a restorative criminal-court remedy where dispossession of land, a house, a shop or another immovable property is linked to the use or threat of unlawful force. It does not substitute for a civil court's final adjudication of ownership or title. The court exercises discretion on the evidence and the statutory conditions.
Important legal terms
- Immovable property
- Property such as land, buildings and interests attached to the earth, rather than movable goods.
- Dispossession
- Being deprived of actual possession or occupation of property.
- Criminal force or show of force
- Use of force, or an intimidating display of force, connected to the unlawful dispossession described in the section.
- Criminal intimidation
- Threatening conduct constituting criminal intimidation under the applicable penal law; an ordinary property disagreement alone does not establish it.
- Restoration of possession
- A direction returning possession to the dispossessed person, which may require removal of the current occupant in accordance with the court's order.
When can the criminal court restore possession?
- Qualifying conviction: A person must be convicted of an offence attended by criminal force, show of force or criminal intimidation.
- Connection to dispossession: The court must find that the force or intimidation caused a person to lose possession of immovable property.
- Judicial discretion: Even when the prerequisites are met, the court considers whether restoration is appropriate.
- Time restriction: Under Section 456(1) CrPC, the trial court must make its restoration order no later than one month after conviction.
Under Section 456(2), an appellate, confirmation or revisional court may grant restoration while disposing of the proceeding where the trial court has not done so. This is a distinct statutory power; the one-month proviso is expressly attached to subsection (1).
How to seek restoration of possession
The affected person may place an application before the criminal court handling the conviction, identifying the property, the dispossession, the relevant conviction and the evidence linking the dispossession to the force or intimidation. Supporting materials can include possession records, photographs, witness testimony and relevant orders. Prompt filing is important because of the one-month restriction applicable to the trial court.
If the trial court did not grant relief, the issue may be raised in a pending appeal, confirmation or revision as permitted by the statute. The court may require parties to be heard before passing or enforcing a restoration order. The appropriate remedy depends on the record and the procedural stage.
Appeal and civil court rights
Section 456(3) makes the appeal framework in Section 454 CrPC applicable to a restoration order under Section 456(1). An aggrieved person may seek the appellate relief available under that provision, including a stay where justified.
Importantly, Section 456(4) preserves the right of any person to establish ownership or another interest in a civil suit. A criminal court's possession-restoration order does not conclusively decide title.
Section 502 BNSS: present-day equivalent
Section 502 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power to restore possession of immovable property. For proceedings governed by the BNSS, consult the current statutory wording and related appeal provisions rather than relying only on the historical CrPC numbering. The BNSS repeal-and-savings provision is Section 531.
Read the legislation at the official India Code legislative database and the Ministry of Home Affairs. These are reference links within the article, not site-navigation items.
Frequently asked questions
Can a criminal court return possession of land after conviction?
Yes. If the statutory requirements are met, Section 456 CrPC authorises a discretionary order restoring possession of immovable property after a qualifying conviction.
What is the one-month rule under Section 456 CrPC?
The trial court cannot make an order under subsection (1) more than one month after the conviction. Subsection (2) separately addresses the power of appellate, confirmation and revisional courts.
Does restoration establish ownership of the property?
No. Section 456(4) expressly preserves rights and interests that may be established in a civil suit.
What replaced Section 456 CrPC?
Section 502 BNSS is the corresponding provision under the procedural law effective from 1 July 2024, subject to the applicable transitional rules.
This article provides general legal information and is not a substitute for advice on the facts of an individual case.