Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 498
Order for disposal of property at conclusion of trial
In one line
BNSS Section 498 deals with order for disposal of property at conclusion of trial and replaces CrPC 452.
Bare act text — BNSS 498
498. Order for disposal of property at conclusion of trial.
(1) When an investigation, inquiry or trial in any criminal case is concluded, the Court or the Magistrate may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.
(2) An order may be made under sub-section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without securities, to the satisfaction of the Court or the Magistrate, engaging to restore such property to the Court if the order made under sub-section (1) is modified or set aside on appeal or revision.
(3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 503, 504 and 505.
(4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of.
(5) 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 been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.
What changed from the CrPC
- CrPC 452 → BNSS 498: The words "investigation" and "or the Magistrate" are added, and "Court" is replaced by "case" in subsection (1).
- CrPC 452 → BNSS 498: The words "or the Magistrate" is added in subsection (2).
Frequently asked
What was BNSS Section 498 in the CrPC?
BNSS Section 498 (Order for disposal of property at conclusion of trial) replaces Section 452 of the Code of Criminal Procedure, 1973. CrPC 452 is now BNSS 498.
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Nearby BNSS sections
- BNSS 493 — Procedure in case of insolvency or death of surety or when a bond is forfeited
- BNSS 494 — Bond required from child
- BNSS 495 — Appeal from orders under section 491
- BNSS 496 — Power to direct levy of amount due on certain recognizances
- BNSS 497 — Order for custody and disposal of property pending trial in certain cases
- BNSS 499 — Payment to innocent purchaser of money found on accused
- BNSS 500 — Appeal against orders under section 498 or section 499
- BNSS 501 — Destruction of libellous and other matter
- BNSS 502 — Power to restore possession of immovable property
- BNSS 503 — Procedure by police upon seizure of property
