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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXVI: Disposal Of Property

Section 498 BNSS: Order for disposal of property at conclusion of trial

Corresponding CrPC
Section 452 CrPC

Bare Act text

(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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

When an investigation, inquiry or trial in a criminal case ends, the Court or Magistrate may order disposal, by destruction, confiscation, delivery to a person claiming to be entitled to possession or otherwise, of any property or document produced before it or in its custody, or regarding which an offence appears committed or which was used to commit one. Delivery may be unconditional, or on condition that the person executes a bond, with or without sureties, to restore the property if the order is modified or set aside on appeal or revision. A Court of Session may instead direct delivery to the Chief Judicial Magistrate, who deals with it under sections 503, 504 and 505. Except for livestock or property subject to speedy natural decay, or where a bond was executed, the order is not carried out for two months, or if an appeal is presented, until it is disposed of. 'Property' includes anything into or for which the original property was converted or exchanged, and anything acquired by such conversion or exchange.

Chapter XXXVI: Disposal Of Property

  1. 497 Order for custody and disposal of property pending trial in certain cases
  2. 498 Order for disposal of property at conclusion of trial
  3. 499 Payment to innocent purchaser of money found on accused
  4. 500 Appeal against orders under section 498 or section 499
  5. 501 Destruction of libellous and other matter
  6. 502 Power to restore possession of immovable property
  7. 503 Procedure by police upon seizure of property
  8. 504 Procedure where no claimant appears within six months
  9. 505 Power to sell perishable property