Section 502 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to restore possession of immovable property

Bharatiya Nagarik Suraksha Sanhita, 2023 • Official Statutory Text & Practice Guide

Procedural Law
Statutory Mandate
Competent Criminal Court / Court of Session
Formerly Sec 456 CrPC
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 502

Section 502 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 456 of the CrPC, 1973) empowers criminal courts to restore possession of immovable property to any person who was dispossessed of it by criminal force, show of force, or intimidation.

  • Dispossession by Force or Intimidation: Triggered when a person is convicted of an offence attended by criminal force, show of force, or criminal intimidation, and it appears to the Court that any person has been dispossessed of immovable property thereby.
  • Restoration Order: The Court may, within one month from conviction or appellate order, direct that possession of the property be restored to the dispossessed person.
  • No Prejudice to Civil Rights: No such order shall prejudice any right or interest in the property which any person may establish in a civil suit.
Key Landmark Precedents:
  • Subrata Roy Sahara v. Union of India, (2014) 8 SCC 470: The Supreme Court noted that criminal restitution under Section 456 CrPC (Section 502 BNSS) ensures that perpetrators of forcible land grabbing are not permitted to retain the fruits of their crimes.
  • H.P. Gupta v. J.K. Srivastav, 1985 Cri LJ 680: Affirmed that the application for restoration must be moved within the statutory 30-day window from the date of conviction.
Courtroom Practice & Strategic Litigation Guidance:

Immediately upon conviction of an accused for trespass and criminal intimidation, file an application under Section 502 within thirty days praying for physical restoration of the land through police assistance.