- Section 454 provides for the appeals against order under section 452 or 453.
- Section 455 provides for the destruction of all the copies of the libelous matters which are in the custody of the court or in the possession of the person convicted under section 292, 293, 501 or 502 of IPC.
- Section 456 provides that when a person has been convicted of an offence involving use of criminal force to dispossess any person of any immovable property, the court may, if it thinks fir, order that possession of the same be restored to the person.
- Section 457 provides that where a property has been seized by any police officer and he hasn’t produced it before the criminal court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal, delivery to person entitled or if the person can’t be ascertained, respecting the custody and production of such property.
- Under section 457(2), if the person entitled is known, the Magistrate may order the property to be delivered to him on such conditions as he thinks fit and if such person is unknown then Magistrate may issue a proclamation and if a person wants to claim such property, he needs to establish his claim within 6 months from the date of such proclamation.
- Section 458 provides that if no person appears to establish claim within 6 months of proclamation under section 457, the Magistrate may order the property to be at the disposal of the State Government.
- According to section 459, if the property seized under section 457 is a perishable property, then the Magistrate may order to be sold.
- By Criminal Procedure (Amendment) Act, 2005, in section 459 of Crpc the words less than 10₹ have been substituted by the words less than 500₹.
- Provisions relating to irregular proceedings have been prescribed under chapter 35 (Sections 460-466)
- Under Crpc the irregularities which do not vitiate the proceeding have been stated in section 460.
- Under Crpc the irregularities which vitiate trial have been stated in section 461.
- When an irregularity is caused in attachment and selling of property under section 83 by a Magistrate, it would make the proceedings Void.
- Section 462 of Crpc provides that no findings, sentence or order will be set aside merely because proceedings were in wrong place except in cases in which it occasioned a failure of justice.
- Section 463 provides that if the provisions of section 164 or section 281 of Crpc have not been complied with by the Magistrate recording the statement, it may not withstanding anything contained in section 91 of Indian Evidence Act, take evidence in regard to such non-compliance.
- Section 464 of Crpc provides that no finding of a court shall be deemed to be invalid merely on the ground that no charge was framed or on the ground of any error, omissions or irregularity in the charge, unless such error or omission was material error.
- Section 465 of Crpc provides that no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered by a court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings unless a failure of justice has occasioned thereby.
- If a magistrate who is not empowered by law to try an offender summarily does so, then the proceedings are vitiated.
- If a presiding Judge fails to sign and date of the judgment, it amounts to procedural irregularity curable under section 465(1) of Crpc.
- A Metropolitan Magistrate may release an accused on bail in non-bailable offence except when there are reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life or there are reasonable grounds for believing that he has been guilty of a cognizable offence and has been guilty of cognizable offence and he has been previously convicted of an offence punishable with imprisonment for 7yrs or he has been previously convicted in 2 or more occasions of a cognizable offence punishable with imprisonment for 3 yrs.
- In a case the state wants to apply for cancellation of bail of an accused. As per the decision of the Supreme Court in the case of State (Delhi Administration) v. Sanjay Gandhi, the fact that the accused has attempted to tamper or has tampered wit the witness in the case against him may be the appropriate ground for seeking cancellation of the bail.
- A court has no owner to release a woman on bail if the offence is punishable with death or imprisonment for life.
- An accused shall not be release on bail by a court if he had been convicted previously in 2 or more occasions of a cognizable offence punishable with imprisonment for three years or more.
- Necessity for identification by witness during investigation shall not be sufficient ground for rejection of bail.
- Section 466 provided that no order of attachment to be unlawful merely because of defect or error in summons, conviction, writ of attachment or other proceedings relating thereto.
- Chapter 36 (section 467-473) deals with the provisions relating to limitation for taking cognizance of certain offences.
- As per section 467, Period of limitation means period specified under section 468 of Crpc.
- Period of limitation for offence punishable with fine only is 6 months, for offences punishable with imprisonment upto 1 year, is 1 year and for offences punishable with imprisonment exceeding 1 year but not exceeding 3 years, is 3 years. (Sec 468)
- The commencement of the period of limitation is either on the date of offence or where the commission was not known to the person aggrieved by offence or to the police officer, the day on which offence comes to the knowledge of such person or on that day when the identity of the offender is known to the person aggrieved. (sec 469)
- In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution shall be excluded. (Sec 470)
- For exclusion under sec 470 shall not be made unless the prosecution relates to the same fact and is prosecuted in good faith in a court which from defect of jurisdiction is unable to entertain it.
- Section 470(2) says that if the prosecution has been stated by injunction or order then such period shall be excluded.
