Section 503 BNSS: Procedure by police upon seizure of property (Formerly Section 457 CrPC)

Section 503 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure by police upon seizure of property

Official Bare Act Text

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

(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Sanhita, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.

(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.

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 503

Section 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 457 of the CrPC, 1973) prescribes the procedure to be followed by police upon seizure of property where the property is not produced before a Criminal Court during trial.

Report of Seizure to Magistrate: Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Sanhita, and such property is not produced before a Criminal Court during an inquiry or trial.
Magistrate's Order for Custody / Delivery: The Magistrate may make such order as they think fit respecting the disposal of such property or delivery to the person entitled to possession, or respecting custody and production.
Unknown Owner Proclamation: If the person entitled is unknown, the Magistrate may issue a proclamation requiring any claimant to establish their claim within six months.

Key Landmark Precedents:

Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283: The Supreme Court ruled that Section 457 CrPC (Section 503 BNSS) applies at the pre-trial investigative stage; Magistrates must dispose of superdari applications within a month without waiting for the charge sheet.
State of M.P. v. Uday Singh, (2020) 12 SCC 733: Held that where special forest or wildlife laws contain separate confiscation codes, the general provisions of Section 457 CrPC are excluded.

Courtroom Practice & Strategic Litigation Guidance:

If police seize goods or bank accounts during investigation and delay filing a charge sheet, move an application under Section 503 before the jurisdictional Magistrate for immediate de-freezing and release on superdari.