Section 501 BNSS: Destruction of libellous and other matter (Formerly Section 455 CrPC)

Section 501 of Bharatiya Nagarik Suraksha Sanhita, 2023: Destruction of libellous and other matter

Official Bare Act Text

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

(1) On a conviction under section 294, section 295, or sub-sections (3) and (4) of section 356 of the Bharatiya Nyaya Sanhita, 2023, the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted.

(2) The Court may, in like manner, on a conviction under section 274, section 275, section 276 or section 277 of the Bharatiya Nyaya Sanhita, 2023, order the food, drink, drug or medical preparation in respect of which the conviction was had, to be destroyed.

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 501

Section 501 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 455 of the CrPC, 1973) authorizes criminal courts to order the destruction of libellous, obscene, or adulterated matter upon conviction.

Destruction upon Conviction: On a conviction under Sections 356, 294, 274, 275, 276, 277, or 278 of BNS (defamation, obscenity, adulteration of food/drugs), the Court may order the destruction of all copies of the libellous, obscene, or adulterated substance.
Custodial Seizure of Stock: Applies to items in the custody of the Court or remaining in the possession or power of the person convicted.
Preventing Public Circulation: Ensures offensive, harmful, or defamatory publications and toxic adulterants are physically destroyed.

Key Landmark Precedents:

State of Maharashtra v. Sujay, 1982 Cri LJ 2154: Held that destruction of printed defamatory or obscene matter is an ancillary penal order that follows automatically upon conviction.
K.L. Subbayya v. State of Karnataka, (1979) 2 SCC 115: Discussed the statutory procedures for confiscation and destruction of contraband articles.

Courtroom Practice & Strategic Litigation Guidance:

Ensure that destruction orders under Section 501 are suspended pending appeal under Section 498(3); if an appeal is filed, move to stay the destruction of books or prints until final appellate disposal.