Criminal Procedure Code · Updated to 1 May 2023 · Chapter XLI · Disposal of Exhibits and of Property the Subject of Offences
407. Order for disposal of property regarding which offence committed
Feedback & supportAny Court may if it thinks fit impound any property or document produced before it under this Code.
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
During or at the conclusion of any inquiry or trial in any criminal
inquiry
“inquiry” includes every inquiry conducted under this Code before a Magistrate;
Court the Court may make such order as it thinks fit for the custody or disposal of any property or document whatsoever produced before it or in its custody or the custody of the police or of any public servant regarding which any offence appears to have been committed or which has been used for the commission of any offence.
offence
“offence” means any act or omission made punishable by any law for the time being in force;
The power herein conferred upon the Court shall include the power to make an order for the forfeiture or confiscation or for the destruction or for the delivery to any person of such property, but shall be exercised subject to any special provisions relating to forfeiture, confiscation, destruction or delivery contained in the written law under which the conviction was had.
When a Judge makes such order, and cannot through his own officers conveniently deliver the property to the person entitled to it, he may direct that the order be carried into effect by a Magistrate.
A Court making an order under this section in respect of any property or document shall direct whether the order is to take effect immediately or at any future date or on the happening of any future contingency and shall, except when the property is livestock or subject to speedy and natural decay, include in that order all necessary directions and conditions to ensure that the property or document will be produced as and when required for the purposes of the inquiry or trial during or at the conclusion of which such order is made or for the purposes of any appeal or further criminal proceedings resulting from such inquiry or trial.
In this section the term “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under
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the control of any party but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.