Section 459 – The Code of Criminal Procedure, 1973 (CrPc)

The Code of Criminal Procedure, 1973 (CrPc)

459. Power to sell perishable property.

If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is 1[less than ten rupees], the Magistrate may at any time direct it to be sold; and the provisions of Sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

Cr PC (Amendment) Act, 2005 (Notes on Clauses)

Section 459 has been amended to make a consequential amendment due to insertion of a proviso to section (3) of section 102 of the Code which seeks to empower the police to sell perishable property up to a vaule of five hundred rupees. Previously the Magistrate was empowered to sell perishable property of the value of less than ten rupees only.

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1. Subs. by Act 25 of 2005, sec. 41, for “less than ten rupees”.

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Section 459 – The Code of Criminal Procedure, 1973 (CrPc)

The Code of Criminal Procedure, 1973 (CrPc)

 

 

459. Power to sell perishable property.

 

If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten rupees, the Magistrate may at any time direct it to be sold; and the provisions of Sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

 

 

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The Code of Criminal Procedure, 1973 (CrPc)

 

Indian Laws – Bare Acts

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