Section 505 BNSS: Power to sell perishable property (Formerly Section 459 CrPC)

Section 505 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to sell perishable property

Official Bare Act Text

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

If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten thousand rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

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 505

Section 505 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 459 of the CrPC, 1973) empowers Magistrates to sell perishable property seized by police if the owner is unknown or absent and the property is worth less than one thousand rupees or subject to speedy decay.

Perishable or Low Value Property: If the person entitled to possession is unknown or absent, and the property is subject to speedy and natural decay, or the Magistrate is of opinion that its sale would be for the benefit of the owner, or value is less than one thousand rupees.
Immediate Sale Authorization: The Magistrate may at any time direct it to be sold.
Proceeds Credited to Account: The net proceeds of such sale shall be held in deposit and dealt with under Sections 503 and 504.

Key Landmark Precedents:

Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283: The Supreme Court highlighted that perishable goods (agricultural produce, food, chemicals) must be auctioned instantaneously to preserve financial value.
Basavva Kom Dyanmangouda Patil v. State of Mysore, (1977) 4 SCC 358: Affirmed that judicial discretion in auctioning perishable assets protects both the owner and state revenue.

Courtroom Practice & Strategic Litigation Guidance:

In seizures of perishable food grain, livestock, or chemicals, move an urgent application under Section 505 for immediate public auction; the sale proceeds will be deposited into the court treasury pending trial outcome.