Supplementary

516-A. Order tor custody and disposal of property pending trial in certain cases. When any property
regarding which any offence appears to have been committed, or which appears to have been used for the
commission of any offence is produced before any Criminal Court during any inquiry or trial, the Court
may make such order as It thinks fit for the proper custody of such property pending the conclusion of the
inquiry or trial, and, if the property is subject to speedy or natural decay, may, after recording such
evidence as it thinks necessary, order it to be sold or otherwise disposed of.
'[Provided that, if the property consists of explosive substances, the Court shall not order it to be sold or
handed over to any person other than a Government Department or office dealing with, or to an authorized
dealer in, such substances]'
(Provided further that if the property is a dangerous drug, intoxicant, intoxicating liquor or any other
narcotic substance seized or taken into custody under the Dangerous Drugs Act, 1930 (II of 1930), the
Customs Act, 1969 (IV of 1969), the Prohibition (Enforcement of Hadd) Order, 1979 (P.O. 4 of 1979), or
any other law for the time being in force, the Court may, either on an application or of its own motion and
under its supervision and control obtain and prepare such number of samples of the property as it may
deem fit for safe custody and production before it or any other Court and cause destruction of the
remaining portion of the property under a certificate issued by it in that behalf:
Provided also that such samples shall be deemed to be whole of the property in an inquiry or proceeding in
relation to such offence before any authority or Court.]
517. Order for disposal of property regarding which offence committed. (1) When an Inquiry or a trial
in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal by
destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or
otherwise of any property or document produced before it or in its custody or regarding which any offence
appears to have been committed, or which has been used for the commission of any offence.
(2) When a High Court or a Court of Session makes such order and cannot through its own officers
conveniently deliver the property to the person entitled thereto, such Court may direct that the order be
carried effect by the District Magistrate.
(3) When an order is made under this section such order shall not, except, where the property is livestock
or subject to speedy and natural decay, and save as provided by subsection (4), be carried out for one
month, or, when an appeal is presented, until such appeal has been disposed of.
(4) Nothing in this section shall be deemed to prohibit any Court from delivering any property under the
provisions of sub-section (1) to any person claiming to be entitled to the possession thereof, on his
executing a bond with or without sureties to the satisfaction of the Court, engaging to restore such property
to the Court if the order made under this section is modified or set aside on appeal.
Explanation. 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
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.
518. Order may take form of reference to District or Sub-Divisional Magistrate. In lieu of itself
passing an order under section 517 the Court may direct the property to be delivered to the district
Magistrate or to a Sub Divisional Magistrate who shall in such case deal with it as if it had been seized by
the police and the seizure had been reported to him in the manner hereinafter mentioned.

526. High Court may transfer case or itself try it. (1) Whenever it is made to appear to the High Court:-
(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or
(b) that some question of law of unusual difficulty is likely to arise, or
(c) that a view of the place in or near which any offence has been committed may be required for the
satisfactory inquiry into or trial of the same, or
(d) that an order under this section will tend to the general convenience of the parties or witnesses, or
(e) that such an order is expedient for the ends of justice, or is required by any provision of this Code; it
may order:
(i) that any offence be inquired into or tried by any Court not empowered under sections 177 to 184 (both
inclusive), but in other respects competent to inquire into or try such offence.
(ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court
subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;
(iii) that any particular case or appeal be transferred to and tried before itself;.

529. Irregularities which do not vitiate proceedings. If any Magistrate not empowered by law to do any
of the following things, namely:-
(a) to issue a search-warrant under section 98;
(b) to order, under section 155, the police to investigate an offence:
(c) to hold an inquest under section 176:

(d) to issue process under section 186, for the apprehension of a person within the local limits of his
jurisdiction who has committed an offence outside such limits;
(e) to take cognizance of an offence under section 190, sub-section (1), clause (a) or clause (b);
(f) to transfer a case under section 192;
(g) to tender a pardon under section 337 or section 338;
(h) to sell property under section 524 or section 525; or
(i) to withdraw a case and try it himself under section 528; erroneously in good faith does that thing, his
proceedings shall not be set aside merely on the ground of his not being so empowered.
530. Irregularities which vitiate proceedings. If any Magistrate, not being empowered by law in this
behalf, does any of the following things, namely:-
(a) attaches and sells property under section 88;
(b) issues a search-warrant for a letter, parcel or other thing in the Post Office, or a telegram in the
Telegraph Department.
(c) demands security to keep the peace;
(d) demands security for good behaviour;
(e) discharges a person lawfully bound to be of good behaviour:
(f) cancels a bond to keep the peace;
(g) makes an order under section 133, as to a local nuisance;
(h) prohibits under section 143, the repetition or continuance of a public nuisance;
(i) issue an order under section 144;
(j) makes an order under Chapter XXII;
(k) takes cognizance under section 190, sub-section (1) clause (c), of an offence;
(I) passes a sentence, under section 349, on proceeding recorded by another Magistrate:
(m) calls under section 435, for proceedings.
(n) [ x x x x x ]
(o) revises, under section 515, an order passed under section 514:
(p) tries an offender.

Download Files

supplementary.pdf (0.09 MB )