Section 497 BNSS: Order for custody and disposal of property pending trial in certain cases (Formerly Section 451 CrPC)

Section 497 of Bharatiya Nagarik Suraksha Sanhita, 2023: Order for custody and disposal of property pending trial in certain cases

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) When any property is produced before any Criminal Court or the Magistrate empowered to take cognizance or commit the case for trial during any investigation, inquiry or trial, the Court or the Magistrate may make such order as it thinks fit for the proper custody of such property pending the conclusion of the investigation, inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court or the Magistrate may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

Explanation — —For the purposes of this section, "property" includes—

(a) property of any kind or document which is produced before the Court or which is in its custody;

(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

(2) The Court or the Magistrate shall, within a period of fourteen days from the production of the property referred to in sub-section (1) before it, prepare a statement of such property containing its description in such form and manner as the State Government may, by rules, provide.

(3) The Court or the Magistrate shall cause to be taken the photograph and if necessary, videograph on mobile phone or any electronic media, of the property referred to in sub-section (1).

(4) The statement prepared under sub-section (2) and the photograph or the videography taken under sub-section (3) shall be used as evidence in any inquiry, trial or other proceeding under the Sanhita.

(5) The Court or the Magistrate shall, within a period of thirty days after the statement has been prepared under sub-section (2) and the photograph or the videography has been taken under sub-section (3), order the disposal, destruction, confiscation or delivery of the property in the manner specified hereinafter.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 497

Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 451 of the CrPC, 1973) empowers criminal courts to make orders for the interim custody, preservation, and disposal of property produced before the court during any inquiry or trial (Interim Superdari).

Interim Custody & Preservation: When any property is produced before any Criminal Court during an inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of proceedings.
Perishable Property Sale: If the property is subject to speedy and natural decay, or if it is expedient to do so, the Court may order it to be sold or otherwise disposed of.
Vehicles & Electronic Valuables Mandate: Incorporates mandatory timelines to release seized vehicles, mobile phones, and industrial assets to owners on interim superdari bonds to prevent deterioration in police station yards.

Key Landmark Precedents:

Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283: The Supreme Court issued historic directions mandating that commercial goods, vehicles, currency, and jewellery seized by police must not be kept rotting in police stations; trial courts must expeditiously release them on superdari within thirty days after taking panchanama and photographs.
General Insurance Council v. State of A.P., (2010) 6 SCC 768: Reaffirmed that seized motor vehicles must be released to registered owners or insurance companies within 6 months, prohibiting indefinite police station detention.

Courtroom Practice & Strategic Litigation Guidance:

Immediately upon police seizure of cars, phones, or machinery, file an application under Section 497 citing Sunderbhai Ambalal Desai, undertaking to produce the property whenever called and offering photographic identification.