CrPC Section 456: Power to Restore Immovable Property Possession

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CrPC Section 456: Power to Restore Immovable Property Possession

1. State the Code

Section 456 of the Code of Criminal Procedure, 1973 (CrPC) deals with the power of a Magistrate to restore possession of immovable property.

2. Explain the Code

This section empowers a Magistrate to restore possession of immovable property to a person who has been wrongfully dispossessed of it. The Magistrate can order the restoration of possession if:

  • The applicant has made a complaint alleging wrongful dispossession.
  • The Magistrate is satisfied, after an inquiry, that the applicant has been wrongfully dispossessed.
  • The Magistrate considers it necessary to restore possession to prevent further breach of peace.

The Magistrate can issue an order directing the person in wrongful possession to vacate the property and hand over possession to the applicant.

3. Illustrate the Code

Suppose A is the rightful owner of a house but is wrongfully dispossessed by B. A can file a complaint under Section 456 CrPC. If the Magistrate finds that A was indeed wrongfully dispossessed, the Magistrate can order B to vacate the house and restore possession to A.

4. Common Questions and Answers

Q1: What are the grounds for wrongful dispossession under Section 456 CrPC?

The grounds can include:

  • Force or coercion
  • Fraud
  • Threat of violence
  • Illegal entry
  • Any other unlawful act

Q2: Can a person file a complaint under Section 456 CrPC if they have a civil claim to the property?

Yes, a person can file a complaint under Section 456 CrPC even if they have a civil claim to the property. However, the Magistrate’s order under this section is only temporary and does not decide the ownership of the property.

Also Read  CrPC Section 474: Trials Before High Court - Explained

Q3: What is the procedure for filing a complaint under Section 456 CrPC?

The applicant must file a complaint with the Magistrate alleging wrongful dispossession. The Magistrate will then conduct an inquiry and if satisfied, will issue an order for restoration of possession.

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