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2025 8 Supreme 303 : The legal documents confirm that an order under Sections 451 and 457 of the CrPC (now Sections 497 and 503 of the BNSS) can be reviewed. The judgment explicitly states that the Rules of 2022 cannot be interpreted as divesting Special Courts of their jurisdiction to entertain applications for interim custody or release of a seized conveyance under Sections 451 and 457 of CrPC. The court held that the Special Court has the power to grant interim release of a seized vehicle on Supurdagi pending conclusion of trial, and that such powers apply to proceedings before the Special Court. This directly supports the reviewability of an order under these sections, as the court itself exercised its jurisdiction to set aside a prior order denying interim release, thereby affirming the availability of review or reconsideration of such orders.Checking relevance for Sunderbhai Ambalal Desai VS State Of Gujarat...

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2018 2 Supreme 508 : Yes, there can be review of an order under Section 451 and 457 CrPC. The document confirms that an application was filed by the State Government under Sections 451/457 CrPC, and the order dated 08.05.2015 was passed allowing the application, which permitted the State to dispose of the seized iron ore through e-tender. This demonstrates that orders under these sections are not only subject to review but are actively considered and decided upon by the competent court.Checking relevance for State of Madhya Pradesh VS Uday Singh...

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2022 0 Supreme(AP) 1130 : Yes, there can be review of an order under Section 451 and 457 Cr.P.C. The court held that the inherent powers of the High Court under Section 482 Cr.P.C. can be invoked to challenge an order passed under Section 451 Cr.P.C., even if a revision lies against the said order under Section 397(1) Cr.P.C., in exceptional circumstances. Such exceptional circumstances include cases where the impugned order is an abuse of the process of the Court or is necessary to secure the ends of justice.Checking relevance for General Insurance Council VS State of Andhra Pradesh...

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1989 0 Supreme(Bom) 32 : Under Section 457(1) CrPC, the Magistrate has discretion to pass an order granting interim custody of seized property or to decline. This discretion must be exercised judicially, not in a cavalier manner. The order under Section 451 or 457(1) CrPC can be reviewed if it is found to have been passed without judicial exercise of discretion. The court has inherent jurisdiction under Section 432 CrPC to review such orders, and the title of the petition (e.g., criminal revision application) is immaterial if the inherent jurisdiction is invoked. Therefore, review of an order under Section 451 or 457 CrPC is permissible, particularly when the exercise of discretion is challenged as non-judicial.Checking relevance for Mahadev VS State of Rajasthan...

1996 0 Supreme(Raj) 715 : An order passed under Section 451/457 CrPC is not an interlocutory order and is, therefore, revisable by the Sessions Judge under Section 397 CrPC. Such orders substantially affect the right to possess case property during the pendency of trial and carry an element of finality, making them subject to revision.

AI Overview...

Is an Order under Section 451 of Cr.P.C. an Interlocutory Order?

Main Points and Insights:
An order under Section 451 Cr.P.C. pertains to the interim custody of property (including seized vehicles) during inquiry or trial, and such orders are not inherently interlocutory. Multiple judgments clarify that Section 451 empowers courts to make substantive decisions regarding custody, which are revisable under Section 397 Cr.P.C. (e.g., Sunderbhai Ambalal Desai v. State; Madras High Court order in Crl.R.C.No.1217 of 2018).
The power to grant interim custody is dependent on the production of the property before the court; if the property (vehicle) is not produced, the court cannot issue custody orders under Section 451 (P.Hussain @Chiddu Master vs The State of Andhra Pradesh - Andhra Pradesh
, 2024 Supreme(Online)(KER) 6936).
Courts emphasize that orders under Section 451 are not interlocutory and do not attract the bar under Section 397(2) Cr.P.C., making revision permissible (Kapur Ganjhu VS State of Jharkhand - Crimes
, 2023 Supreme(Online)(KER) 22065).
Jurisdiction to pass such orders exists whether under Section 451 or 457, but the specific application depends on whether the property is produced and the context of the case (2024 0 Supreme(Ker) 256, 2023 Supreme(Online)(KER) 29959).
Courts advocate expeditious and judicious exercise of powers under Section 451 for the proper custody of seized property during ongoing proceedings (2023 0 Supreme(Ker) 780).
Analysis and Conclusion:
The consensus across judgments is that orders under Section 451 Cr.P.C. are substantive orders, not merely interlocutory, and are revisable under Section 397 Cr.P.C. Therefore, Section 451 orders are not interlocutory in nature.
The legal position is clear: such orders can be challenged by revision and are not barred by the provisions applicable to interlocutory orders.
Consequently, Section 451 Cr.P.C. orders are considered substantive and revisable, not interlocutory, facilitating judicial review and ensuring proper custody of seized property during trial (Kapur Ganjhu VS State of Jharkhand - Crimes
, 2024 Supreme(Online)(KER) 6936, 2023 Supreme(Online)(KER) 29959).

Is a Section 451 CrPC Order Interlocutory? Analyzing Revisions and Judicial Precedents

Is Section 451 CrPC Order Interlocutory? Full Analysis

In criminal proceedings in India, the custody of seized property often becomes a critical issue. Whether you're a litigant, lawyer, or simply navigating the legal system, understanding the nature of orders under Section 451 of the Code of Criminal Procedure (CrPC) is essential. A common question arises: Whether an order under Section 451 of CrPC is an interlocutory order?

This blog post dives deep into the legal nuances, precedents, and practical implications. We'll examine the general classification, exceptions, and how courts interpret these orders in relation to revisions under Section 397 CrPC. Note that this is general information based on judicial trends and should not be taken as specific legal advice—consult a qualified lawyer for your case.

Understanding Section 451 CrPC: Interim Custody of Property

Section 451 CrPC empowers a Magistrate to make orders as to the custody and disposal of property produced before the court during an inquiry or trial. This typically involves seized items like vehicles, documents, or other evidence. The provision aims to ensure proper custody pending the conclusion of proceedings, preventing misuse or deterioration of the property.

Kapur Ganjhu VS State of Jharkhand - Crimes (2024)

Key objectives include:- Providing interim custody to a suitable person.- Imposing conditions to safeguard the property.- Balancing the interests of the accused, prosecution, and true owner.

Courts emphasize expeditious and judicious exercise of these powers. As noted, Sections 60 (3) and 63 of the NDPS Act, in appropriate cases order for release of conveyance used for carrying narcotic drugs pending conclusion of trial can be made under Section 451 of the CrPC. 2023 0 Supreme(Chh) 734

However, the pivotal debate centers on whether such orders are interlocutory—preliminary in nature and not finally deciding rights—or substantive, allowing for revision.

General View: Predominantly Interlocutory Orders

An order under Section 451 CrPC is generally considered an interlocutory order. This stems from its interim purpose: it does not settle the final rights of parties but merely arranges custody during pendency of inquiry or trial. 1993 0 Supreme(Cal) 123 1975 0 Supreme(All) 266 1985 0 Supreme(Del) 417

The Supreme Court and High Courts have ruled consistently that these are interlocutory, barring revision under Section 397(2) CrPC, which prohibits revisions against interlocutory orders. For instance:- Orders that do not determine title or possession rights remain purely interim. 1983 0 Supreme(Ker) 67

Yadav Agencies Pvt. Ltd. VS Philomina - Crimes (1985)

- An order under Section 451 of the Criminal Procedure Code (Cr.P.C.) is generally considered an interlocutory order. This is because it is made during the pendency of an inquiry or trial for the purpose of ensuring proper custody of property, without settling the rights of the parties involved. 1993 0 Supreme(Cal) 123

This view promotes efficiency, avoiding delays in trials by limiting challenges to such routine custody decisions. 1986 0 Supreme(Ori) 265A.RABIA vs STATE OF KERALA - Kerala (2021)

Exceptions: When Not Purely Interlocutory

Despite the general rule, exceptions exist where orders under Section 451 significantly affect rights, potentially making them revisable:- If the order impacts the true owner's rights, revision under Section 482 CrPC (inherent powers) may be invoked, bypassing Section 397(2). 1993 0 Supreme(Cal) 123- Some courts treat them as final or intermediate if they substantially alter parties' positions. 2021 0 Supreme(AP) 996 1985 0 Supreme(Mad) 357

Contradictory precedents suggest these are not inherently interlocutory. Multiple judgments clarify: orders under Section 451 Cr.P.C. are substantive orders, not merely interlocutory, and are revisable under Section 397 Cr.P.C. (e.g., Sunderbhai Ambalal Desai v. State; Madras High Court in Crl.R.C.No.1217 of 2018).

Kapur Ganjhu VS State of Jharkhand - Crimes (2024)

2023 Supreme(Online)(KER) 22065

Further:- Production of property is mandatory: The seized vehicles are not produced before the Magistrate, upon which alone an order for interim custody under Section 451 can be issued. 2024 0 Supreme(Ker) 256 2024 Supreme(Online)(KER) 6936- Jurisdiction persists under Section 451 or 457 CrPC, regardless. Though the learned Public Prosecutor pointed out that the present petition is filed under Section 451, I am of the view that whether it is 451 Cr.P.C or 457 Cr.P.C., since the jurisdiction is available with the Court... 2024 0 Supreme(Ker) 256

In NDPS cases, courts affirm powers for interim custody despite special laws, stressing judicious use. 2023 0 Supreme(Chh) 734 2023 0 Supreme(Ker) 780

Key Legal Precedents: A Balanced Perspective

Supporting Interlocutory Nature

Supreme Court and High Courts: Not subject to Section 397(2). 1986 0 Supreme(Ori) 265A.RABIA vs STATE OF KERALA - Kerala (2021)
Interim arrangements pending title adjudication. 1983 0 Supreme(Ker) 67
Yadav Agencies Pvt. Ltd. VS Philomina - Crimes (1985)

Challenging the Interlocutory Label

Substantive impact: Rejection of prayer for release of Motorcycle – Adjudication of ownership of property in not a sine-qua-non for passing order under Section 451 of Code of Criminal Procedure whether it involves any adjudication of any manner regarding ownership or not substantially affects...
Kapur Ganjhu VS State of Jharkhand - Crimes (2024)
Revisable without Section 397(2) bar.
Kapur Ganjhu VS State of Jharkhand - Crimes (2024)
In excise or NDPS contexts, no bar under special acts like Section 47(D) of M.P. Excise Act. 2023 0 Supreme(MP) 217

Other references note High Court interference under Section 482 if abuse of process is evident. Taking into consideration of the proposition of law laid down by the Supreme Court... interference by the High Court is absolutely necessary in exercise of inherent power under Section 482 Cr.P.C. may be invoked. 2018 0 Supreme(Gau) 826

Analogous debates on Section 156(3) orders (not purely interlocutory) highlight evolving judicial scrutiny. 2014 0 Supreme(All) 3058 2013 0 Supreme(All) 2817

Practical Implications for Litigants and Lawyers

When challenging a Section 451 order:1. Assess impact: Does it merely provide custody or decisively affect rights? Argue for revision if substantive. 2021 0 Supreme(AP) 446 1985 0 Supreme(Mad) 1962. Ensure compliance: Property must be produced; otherwise, orders may be invalid.

P.Hussain @Chiddu Master vs The State of Andhra Pradesh - Andhra Pradesh (2021)

2023 Supreme(Online)(KER) 220653. Invoke alternatives: Use Section 482 for inherent powers or Section 457 post-trial.4. Prepare arguments: Reference precedents on both sides—interlocutory for dismissal motions, substantive for revisions.

Courts urge expeditious disposal to avoid property decay, especially vehicles. 2023 0 Supreme(Ker) 780

Conclusion and Key Takeaways

Predominantly, orders under Section 451 CrPC are viewed as interlocutory, limiting revisions under Section 397(2). However, where they substantially affect rights or involve ownership nuances, courts may treat them as substantive and revisable—a fact-specific determination. 1993 0 Supreme(Cal) 123

Kapur Ganjhu VS State of Jharkhand - Crimes (2024)

Key Takeaways:- Generally interlocutory for trial efficiency, but exceptions allow challenges.- Always verify property production and contextual impact.- Balance prosecution needs with owner rights via judicious orders.

References: 1993 0 Supreme(Cal) 123 2021 0 Supreme(AP) 446 1975 0 Supreme(All) 266 1983 0 Supreme(Ker) 67 1985 0 Supreme(Mad) 357 1986 0 Supreme(Ori) 265A.RABIA vs STATE OF KERALA - Kerala (2021)

Yadav Agencies Pvt. Ltd. VS Philomina - Crimes (1985)

2024 0 Supreme(Ker) 256 2023 0 Supreme(Chh) 734

Kapur Ganjhu VS State of Jharkhand - Crimes (2024)

2023 0 Supreme(Ker) 780 2023 0 Supreme(MP) 217

P.Hussain @Chiddu Master vs The State of Andhra Pradesh - Andhra Pradesh (2021)

2024 Supreme(Online)(KER) 6936 2023 Supreme(Online)(KER) 22065 2018 0 Supreme(Gau) 826 2014 0 Supreme(All) 3058 2013 0 Supreme(All) 2817

This analysis draws from established precedents and is for informational purposes only. Legal outcomes depend on case specifics—seek professional advice.

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