LAW FOR ALL

RESTORATION OF POSSESSION BY CRIMINAL COURT - WHEN ARISE ? SEC.456(1) Cr.P.C. = The object and purpose of section 456(1) are to prevent any person gaining wrongful possession of the land by his own unlawful and forcible acts. “In other words the principle of civil law that a person in peaceful possession of land should be protected against dispossession by requiring whoever claims the right to possession against him to go to a competent court and dispossess him only in due course of law is sought to be enforced by empowering criminal courts under S. 522 to direct restoration of possession with a view to see that no man flouts the law and relies upon physical force to achieve his ends.”- Before making an order under section 456(1) of the Cr.P.C. the following three conditions have to be satisfied: - “(1) The accused must be convicted of an offence attended by criminal force or show of force or by criminal intimidation; (2) the court must be of the opinion that the accused dispossessed another person of immoveable property by such force, show of force or criminal intimidation, and (3) the court, in the circumstances of the case must think fit to make an order for restoration of possession. The first two conditions must necessarily be satisfied before an order can be made and the third condition merely invests the court with the discretion whether or not to make an order.”