Legal Provisions of Section 454 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
The section confers a right of appeal against the order passed regarding the disposal of property under Section 452 or 453. The necessity for conferring an independent right of appeal in respect of these two specific sections is that the party aggrieved by an order of disposal of case property may not be the same as the party aggrieved by the main judgment of the Court.
ADVERTISEMENTS:
The order of the Court made under Section 452 or 453 may be modified, altered or annulled by the Appellate Court or it may be confirmed or revised in appeal.
The provision in this section has been made to ensure that the trial Court while making an order of disposal of property does not exercise its discretion arbitrarily or capriciously and the Appellate Court may have an opportunity to examine the correctness of the trial Court’s order.
Image Source : luna.edu
Where the Appellate Court reverses the order of the Court below, it must give a notice and a right of hearing to the party who is going to be aggrieved by such reversal. Thus when the Magistrate passed an order of delivery of the necklace in favour of the complainant; then the Appellate Court, before reversing the said order must give notice and opportunity of hearing to the complainant who was going to be adversely affected by the reversal of the Magistrate’s order.
There may be cases when an appeal against the conviction or acquittal of the accused lies with one Court whereas an appeal against an order of disposal of property under Section 452 or 453 may lie to a different Court.
ADVERTISEMENTS:
For instance, an order of acquittal passed by the Magistrate first class is appealable to the High Court but an order of disposal of property passed by him may be challenged in appeal in the Court of Session. In such a situation it should be left to the discretion of the superior Court to resolve the contingency and pass appropriate orders whether the parties have moved a petition for this purpose or not.