Section 499 BNSS: Payment to innocent purchaser of money found on accused (Formerly Section 453 CrPC)

Section 499 of Bharatiya Nagarik Suraksha Sanhita, 2023: Payment to innocent purchaser of money found on accused

Official Bare Act Text

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

When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him within six months from the date of such order.

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 499

Section 499 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 453 of the CrPC, 1973) provides for the payment of compensation to an innocent purchaser of stolen property out of money found on the convicted accused.

Innocent Purchaser Protection: When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that another person bought the stolen property from them without knowing or having reason to believe it was stolen.
Money Found on Accused: If any money was taken from the possession of the convicted person on their arrest.
Restitution Out of Seized Money: The Court may order a sum not exceeding the purchase price to be paid to the innocent purchaser out of such money on restitution of the stolen property to its rightful owner.

Key Landmark Precedents:

Pushkar Singh v. State of M.P., AIR 1953 SC 508: The Supreme Court observed that the procedural code balances victim restitution with equitable protection for bona fide purchasers who acted without criminal scienter.
Harisingh v. Sukhbir Singh, (1988) 4 SCC 551: Highlighted the equitable foundations of property restitution provisions under the Code.

Courtroom Practice & Strategic Litigation Guidance:

When representing a bona fide buyer of a vehicle or jewel that turned out to be stolen property, move an application under Section 499 at sentencing demanding reimbursement from cash seized from the primary thief.