Record of evidence in accused. (b) in case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was inflicted, or by production of the warrant of commitment under which the punishment was suffered; together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted. 512. If it be proved1 that an accused person has absconded, absence of and that there is no immediate prospect of arresting him2, the Court competent to try or commit for trial such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions. Any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into or trial for the offence with which he is charged, if the deponent is dead or incapable of giving evidence or his attendance cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable 3. Deposit instead of re CHAPTER XLII. PROVISIONS AS TO BONDS. 513. When any person is required by any Court or officer cognisance. to execute a bond, with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond. Procedure on forfeiture of bond. 514. Whenever it is proved to the satisfaction of the Court by which a bond under this Code has been taken, or of 1i.e. alleged, tried, and established, 2 See 21 Suth. Cr. 12. There is no provision in the Code authorising a police-officer to take security for the production of any person before the police. Such a bond is void, and there is no power to alter it under this section, 11 Cal. 78. the Court of a Presidency Magistrate or Magistrate of the first class, or, when the bond is for appearance before a Court to the satisfaction of such Court, that such bond has been forfeited 1, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof, or to show cause why it should not be paid 2. If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same by issuing a warrant for the attachment and sale of the moveable property belonging to such person *. Such warrant may be executed within the local limits of the jurisdiction of the Court which issued it; and it shall authorise the distress and sale of any moveable property belonging to such person without such limits, when endorsed by the District Magistrate or Chief Presidency Magistrate within the local limits of whose jurisdiction such property is found. If such penalty be not paid and cannot be recovered by such attachment and sale, the person so bound shall be liable, by order of the Court which issued the warrant, to imprisonment in the civil jail for a term which may extend to six months". The Court may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part only. 515. All orders passed under section 5147 by any Magis- Appeals from, and trate other than a Presidency Magistrate or District Magis- revision of, trate shall be appealable to the District Magistrate, or, if not orders unso appealed, may be revised by him. 1 Due execution, as well as forfeiture, must be proved, 11 Cal. 78. In the case of a bond to keep the peace the Magistrate must record evidence in the presence of the person bound, proving that he was about to do something which would cause a breach of the peace, 3 Ben. Appx. 155, and the person bound ought to have had an opportunity of cross-examining the witnesses upon whose evidence the rule to show cause has been issued, 4 Cal. 865. 2 See forms of notice, Sched.V. Nos. der s. 514. Power to and 516. The High Court or Court of Session may direct any direct levy of amount Magistrate to levy the amount due on a bond to appear due on cer- attend at such High Court or Court of Session. tain recog nisances. CHAPTER XLIII. Order for disposal of property OF THE DISPOSAL OF PROPERTY. 517. When an inquiry or a trial in any Criminal Court is concluded, the Court may make such order as it thinks fit1 for regarding the disposal of any document or other property produced before it 2 regarding which any offence appears to have been committed. committed, or which has been used for the commission of any offence 3. which offence When a High Court or a Court of Session makes such order and cannot through its own officers conveniently deliver the property to the person entitled thereto, such Court may direct that the order be carried into effect by the District Magistrate. When an order is made under this section in a case in which an appeal lies, such order shall not (except when the property is live-stock or is subject to speedy and natural decay1) be carried out until the period allowed for presenting such appeal has passed, or, when such appeal is presented within such period, until such appeal has been disposed of. Explanation. In this section the term 'property' includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have 1 This discretionary power would not of course enable the Court to bestow the property in charity, Mad. H. C. Pro. 20 July, 1875, cited by Henderson, p. 457. 2 19 Suth. Cr. 3. For example, counterfeit coins, instruments used for coining, false been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise 1. District or 518. In lieu of itself passing an order under section 517, Order may take the Court may direct the property to be delivered to the form of reDistrict Magistrate or to a Sub-divisional Magistrate, who ference to shall in such cases deal with it as if it had been seized by the Sub-divipolice and the seizure had been reported to him in the manner hereinafter mentioned. sional Ma gistrate. to innocent found on 519. When any person is convicted of any offence which Payment includes, or amounts to, theft or receiving stolen property, purchaser and it is proved that any other person has bought the stolen of money property from him without knowing, or having reason to accused. believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him 2. der under 520. Any Court of appeal 3, confirmation, reference or Stay of orrevision may direct any order under section 517, section 518 section 517, or section 519, passed by a Court subordinate thereto, to be 518 or 519. stayed pending consideration by the former Court; and may modify, alter or annul such order. tion of 521. On a conviction under the Indian Penal Code, section Destruc292, section 293, section 501 or section 502, the Court may be, order the destruction of all the copies of the thing in respect libellous of which the conviction was had, and which are in the custody matter. of the Court or remain in the possession or power of the person convicted. The Court may in like manner, on a conviction under the Indian Penal Code, section 272, section 273, section 274, or 1 It includes property produced by a witness as well as property seized by the police or found in possession of the accused. See 9 Mad. 449, 12 Bom. H. C. 217. But it does not include a stolen cow's calf born a year after the theft, 10 Mad. 25. As to stolen cur rency notes which had been delivered 2 Founded on 30 & 31 Vic. c. 35. 8. 9. and other Power to restore pos session of immove able property. Procedure upon seiz section 275, order the food, drink, drug or medical preparation in respect of which the conviction was had to be destroyed. 522. Whenever a person is convicted of an offence attended by criminal force, and it appears to the Court that, by such force, any person has been dispossessed of any immoveable property, the Court may, if it thinks fit, order such person to be restored to the possession of the same1. No such order shall prejudice any right or interest to or in such immoveable property which any person may be able to establish in a civil suit. 523. The seizure by any police-officer of property taken by police under section 51, or alleged or suspected to have been stolen, ure of pro- or found under circumstances which create suspicion of the perty taken under s. 51 commission of any offence, shall be forthwith reported to a or stolen. Magistrate, who shall make such order as he thinks fit respecting the delivery of such property to the person entitled to the possession thereof 2, or if such person cannot be ascertained, respecting the custody and production of such property 3. Procedure where owner of seized unknown. If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions property (if any) as the Magistrate thinks fit. If such person is unknown, the magistrate may detain it, and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto to appear before him and establish his claim within six months from the date of such proclamation 5. Procedure where no claimant appears within six months. 524. If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, such property shall be at the disposal of the 1 23 Suth. Cr. 54, per Phear J. 3 Statements made to the police by the accused as to the ownership of the property are admissible under this section, 9 Bom. 131. See sec. 87 and 2 All. 276. 5 The Magistrate must summon the witnesses named by the claimant and take due steps to secure their attendance, 18 Suth. Cr. 5. |