Section 504 BNSS: Procedure where no claimant appears within six months (Formerly Section 458 CrPC)

Section 504 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure where no claimant appears within six months

Official Bare Act Text

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

(1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as the State Government may, by rules, provide.

(2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

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 504

Section 504 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 458 of the CrPC, 1973) governs the procedure where no claimant appears within six months from the date of the proclamation issued under Section 503.

Six-Month Limitation: If no person establishes a claim to property within six months from the proclamation, and the person in whose possession it was found is unable to show it was legally acquired.
Confiscation to State Government: The Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold.
Appealable Order: An order of confiscation under this section is appealable under Section 500.

Key Landmark Precedents:

Basavva Kom Dyanmangouda Patil v. State of Mysore, (1977) 4 SCC 358: The Supreme Court held that the State is a bailee of seized property; if seized property is stolen or lost from police custody, the State is legally liable to compensate the rightful owner.
Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283: Emphasized that unclaimed seized assets must be auctioned transparently to avoid physical decay in police malkhanas.

Courtroom Practice & Strategic Litigation Guidance:

When claiming property subject to Section 504 proclamation, produce original purchase invoices, registration certificates (RC books), and identity proof within the 6-month window to prevent confiscation to the State.