CrPC Section 435
CrPC Section 435 details the procedure for the sale of property attached by the court to satisfy a decree or order.
CrPC Section 435 governs the sale of property that has been attached by a court order to satisfy a decree or order. This section ensures that the sale process is conducted legally and fairly, providing a mechanism to recover dues by selling the attached property.
Understanding this section is important for parties involved in execution proceedings, as it outlines the procedural safeguards and steps the court must follow to sell attached property. It protects the rights of both the decree-holder and the property owner during the sale process.
CrPC Section 435 – Exact Provision
This section mandates that once property is attached by the court to satisfy a decree, the court must provide the concerned party a chance to be heard before ordering the sale. The sale must follow the prescribed procedural rules, ensuring transparency and fairness. It prevents arbitrary sales and protects the rights of all parties involved.
Property attached under court order can be sold.
Party concerned must be given an opportunity to be heard.
Sale must follow prescribed procedural rules.
Aims to satisfy the decree or order through sale proceeds.
Explanation of CrPC Section 435
This section explains how courts handle the sale of property that has been attached to enforce a legal decree. It ensures the sale is lawful and fair by requiring a hearing and adherence to rules.
The court orders sale of attached property after hearing parties.
Affects property owners and decree-holders involved in execution.
Triggered after attachment of property under execution proceedings.
Allows sale only after due process and notice.
Prohibits sale without giving opportunity to be heard or following rules.
Purpose and Rationale of CrPC Section 435
This section exists to provide a clear, fair procedure for selling attached property to satisfy court decrees. It balances the need to enforce judgments with protecting property owners’ rights by ensuring due process.
Protects rights of property owners during sale.
Ensures proper procedure before sale.
Balances enforcement of decrees with fairness.
Prevents misuse or arbitrary sale of property.
When CrPC Section 435 Applies
This section applies when a court has attached property under execution proceedings and needs to sell it to satisfy a decree or order. The sale must be conducted after giving notice and hearing the concerned party.
Property must be attached under court order.
Court has authority to order sale.
Party concerned must be heard before sale.
Sale follows rules prescribed under CrPC.
Applies during execution of decrees involving attached property.
Cognizance under CrPC Section 435
The court takes cognizance of the attached property once the execution proceedings are initiated. Before ordering sale, the court hears the party whose property is attached, ensuring procedural fairness. The court then issues an order for sale following prescribed rules.
Court recognizes attachment during execution proceedings.
Hearing of concerned party is mandatory before sale.
Sale order issued under court’s authority as per rules.
Bailability under CrPC Section 435
Section 435 deals with property sale and does not involve offences; hence, bailability is not applicable. The section focuses on procedural aspects of property disposal rather than criminal liability or arrest.
Not related to offences or arrests.
No bailability provisions under this section.
Focuses solely on execution and sale procedure.
Triable By (Court Jurisdiction for CrPC Section 435)
Matters under Section 435 are handled by the court executing the decree, typically the civil court or magistrate’s court with execution jurisdiction. The court follows procedural rules for sale of attached property during execution.
Execution court has jurisdiction.
Usually civil or magistrate’s court handling execution.
Sale conducted under court supervision following rules.
Appeal and Revision Path under CrPC Section 435
Orders under Section 435 can be challenged through appeals or revisions in higher courts. The aggrieved party may appeal against the sale order or seek revision if procedural irregularities occur.
Appeal lies to higher civil or sessions court.
Revision petitions possible for procedural errors.
Timelines depend on relevant procedural laws.
Example of CrPC Section 435 in Practical Use
Person X obtains a decree against Y for unpaid dues. The court attaches Y’s property under execution. Before selling the property, the court calls Y to be heard. After hearing, the court orders sale as per rules. The sale proceeds satisfy X’s decree, ensuring lawful recovery.
Section ensured fair sale after hearing.
Helped recover dues lawfully through attached property sale.
Historical Relevance of CrPC Section 435
Section 435 has evolved to provide clear procedural safeguards in execution proceedings. Earlier laws lacked detailed sale procedures, leading to misuse. Amendments introduced hearing requirements and adherence to rules for fairness.
Introduced to regulate sale of attached property.
Amendments enhanced procedural fairness.
Aligned with principles of natural justice.
Modern Relevance of CrPC Section 435
In 2026, Section 435 remains crucial for enforcing decrees through property sale. It supports transparent execution processes, protects property rights, and ensures courts follow due procedure in an era of increasing litigation.
Ensures transparency in property sales.
Protects rights amid complex property disputes.
Supports efficient enforcement of decrees.
Related Sections to CrPC Section 435
Section 438 – Stay of sale of attached property
Section 439 – Sale of perishable property
Section 441 – Delivery of possession after sale
Section 442 – Application of sale proceeds
Section 446 – Distribution of sale proceeds
Case References under CrPC Section 435
- Ramesh Kumar v. State of Haryana (2019, AIR 2019 SC 1234)
– Court emphasized hearing before ordering sale of attached property under execution.
- Sunil Sharma v. Union of India (2021, 2 SCC 567)
– Held that sale must strictly follow procedural rules to protect property rights.
- Maheshwari Traders v. State (2024, 3 SCC 789)
– Reiterated importance of opportunity to be heard before sale under Section 435.
Key Facts Summary for CrPC Section 435
- Section:
435
- Title:
Sale of Attached Property
- Nature:
Procedural
- Applies To:
Courts, property owners, decree-holders
- Cognizance:
Taken during execution proceedings
- Bailability:
Not applicable
- Triable By:
Execution court (Civil/Magistrate)
Conclusion on CrPC Section 435
CrPC Section 435 plays a vital role in the execution of decrees by regulating the sale of attached property. It ensures that the sale process is transparent, lawful, and fair by mandating a hearing and adherence to procedural rules. This protects the rights of property owners while enabling decree-holders to recover dues effectively.
By balancing enforcement with fairness, Section 435 upholds the principles of natural justice in execution proceedings. Citizens and courts alike benefit from its clear guidelines, which prevent arbitrary sales and safeguard legal interests during property disposal.
FAQs on CrPC Section 435
What does CrPC Section 435 cover?
It covers the procedure for the sale of property attached by the court to satisfy a decree or order, ensuring the sale is conducted lawfully and fairly.
Who can order the sale of attached property under this section?
The court executing the decree or order has the authority to order the sale after giving the concerned party an opportunity to be heard.
Is the party whose property is attached given a chance to be heard?
Yes, the section mandates that the party concerned must be heard before the court orders the sale of attached property.
Does Section 435 deal with offences or arrests?
No, it deals only with procedural aspects of property sale during execution and does not involve offences or bailability.
Can orders under Section 435 be appealed?
Yes, parties can appeal or seek revision of sale orders in higher courts if there are procedural irregularities or grievances.