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Code of Criminal Procedure, 1973

Section 459

Power to sell perishable property

Quick Answer Reference: Section 459 CrPC

  • Provision: Section 459 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 459 of CrPC say?

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 five hundred 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.

Indian StandardSection 459, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 459 (India)
Court Pleading StandardSection 459 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/459

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 459 CrPC

What is Section 459 of CrPC?

Section 459 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Power to sell perishable property". The section states: 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 ...

What is the punishment under Section 459 of CrPC?

Section 459 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 459 of CrPC bailable or non-bailable?

Whether Section 459 of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 459 CrPC

2014 8 SCC 273

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

2013 2 SCC 1

Supreme Court of India