Section 500 BNSS: Appeal against orders under section 498 or section 499 (Formerly Section 454 CrPC)

Section 500 of Bharatiya Nagarik Suraksha Sanhita, 2023: Appeal against orders under section 498 or section 499

Official Bare Act Text

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

(1) Any person aggrieved by an order made by a Court or Magistrate under section 498 or section 499, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.

(2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.

(3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made.

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 500

Section 500 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 454 of the CrPC, 1973) provides for an appeal against final property disposal orders passed under Section 498 or 499.

Right of Appeal Against Property Order: Any person aggrieved by an order made under Section 498 or Section 499 may appeal to the Court to which appeals ordinarily lie from the convicting or trying court.
Independent Appeal Right: Maintains an independent right of appeal regarding property rights even where the main criminal judgment is not appealed.
Appellate Powers to Stay and Modify: The Appellate Court may direct the order to be stayed, or modify, alter, or annul it.

Key Landmark Precedents:

Ram Prakash v. State of Punjab, 1980 Cri LJ 112: Held that an appeal under Section 454 CrPC (Section 500 BNSS) is a substantive proceeding where the appellate court must determine possessory entitlement independently of findings of acquittal.
N. Madhavan v. State of Kerala, (1979) 4 SCC 1: Affirmed that property disposal orders are subject to full appellate scrutiny.

Courtroom Practice & Strategic Litigation Guidance:

If the trial court mistakenly orders confiscated property or cash to be credited to the State rather than returned to your acquitted client, file an immediate appeal under Section 500 before the Sessions Judge.