Section 498 BNSS: Order for disposal of property at conclusion of trial (Formerly Section 452 CrPC)

Section 498 of Bharatiya Nagarik Suraksha Sanhita, 2023: Order for disposal of property at conclusion of trial

Official Bare Act Text

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

(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.

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 498

Section 498 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 452 of the CrPC, 1973) governs the final disposal, destruction, confiscation, or delivery of property at the conclusion of an inquiry or trial.

Final Order at Conclusion of Trial: When an inquiry or trial in any Criminal Court is concluded, the Court 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.
Property in Respect of Which Offence Committed: Applies to any property or document produced before it or in its custody, or regarding which an offence appears to have been committed.
Stay Pending Appeal: Except where property is perishable, no order shall be carried out until the appeal period expires, or if an appeal is filed, until disposed of.

Key Landmark Precedents:

N. Madhavan v. State of Kerala, (1979) 4 SCC 1: The Supreme Court held that when an accused is acquitted of theft or criminal breach of trust, property seized from their custody must ordinarily be restored to them under Section 452 CrPC unless a third party establishes clear superior title.
State of U.P. v. Lakshmi Insurance Co., AIR 1961 SC 1361: Affirmed that criminal courts under Section 452 decide only immediate possessory rights, not complicated civil ownership titles.

Courtroom Practice & Strategic Litigation Guidance:

Upon securing an acquittal in theft, cheating, or embezzlement matters, file an immediate application under Section 498 for the return of seized bank accounts, currency, and documents to the client.