Sections 453–459 CrPC vs Sections 499–505 BNSS — Innocent Purchaser, Appeals, Destruction, Restoration of Possession and Unclaimed Seized Property

In India, Sections 499 to 505 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced Sections 453 to 459 of the Code of Criminal Procedure, 1973 (CrPC) from 1 July 2024. The order is unchanged. The substantive changes: a six-month limit on paying an innocent purchaser, State rules for unclaimed-property proceeds, and a ten-thousand-rupee sale threshold.

These seven sections close the CrPC chapter on disposal of property. The two sections that open it — interim custody and final disposal (Sections 451–452 CrPC, now Sections 497–498 BNSS) — have their own page, and the police power to seize (Section 102 CrPC, now Section 106 BNSS) is covered on the seizure page.

At a glance

These are procedural provisions; they create no offence, so no First Schedule classification applies.

What changed

• Modified — Section 499 (CrPC 453). The section is word for word the same until its last words. Section 453 CrPC ended "be delivered to him." Section 499 BNSS ends "be delivered to him within six months from the date of such order."
• Modified — Section 504(1) (CrPC 458(1)). "the proceeds of such sale shall be dealt with in such manner as may be prescribed" becomes "in such manner as the State Government may, by rules, provide". In the CrPC, "prescribed" meant "prescribed by rules made under this Code" (Section 2(t)), and Section 477(1)(d) CrPC empowered every High Court, with the previous approval of the State Government, to make rules on "any other matter which is required to be, or may be, prescribed". On a reading of those provisions, the rule-maker for the proceeds changes from the High Court (with State approval) to the State Government. Section 504(2), the appeal, is identical.
• Modified — Section 505 (CrPC 459). "less than five hundred rupees" becomes "less than ten thousand rupees". The footnote to Section 459 CrPC records that "less than five hundred rupees" was itself substituted by Act 25 of 2005, s.41, for "less than ten rupees", with effect from 23 June 2006. "sections 457 and 458" becomes "sections 503 and 504".
• Expanded — Section 500(1) (CrPC 454(1)). "an order made by a Court under section 452 or section 453" becomes "an order made by a Court or Magistrate under section 498 or section 499". On a reading of the text, the added words make express that an order made by a Magistrate under those sections is appealable; Section 498 BNSS itself now gives the power to "the Court or the Magistrate". Sub-sections (2) and (3) are identical.
• Modified wording — Section 502 (CrPC 456). Sub-section (1) reads "convicted of an offence by use of criminal force" where the CrPC read "convicted of an offence attended by criminal force", and "by such use of force" where it read "by such force". Sub-section (3) now applies "section 500" to orders under this section as it applies to orders under "section 499" (formerly 454 and 453). The one-month proviso and sub-sections (2) and (4) are identical. No judgment read has construed the new wording, so this page does not say whether it narrows the provision.
• Minor edit — Section 501 (CrPC 455). Only the cross-references change: "section 292, section 293, section 501 or section 502 of the Indian Penal Code" becomes "section 294, section 295, or sub-sections (3) and (4) of section 356 of the Bharatiya Nyaya Sanhita, 2023"; "section 272, section 273, section 274 or section 275" becomes "section 274, section 275, section 276 or section 277". The BNS sections are the counterparts by heading and text: sale of obscene books (294) and of obscene objects to a child (295), printing and selling defamatory matter (356(3) and (4)), and adulteration and sale of food, drink and drugs (274–277).
• Minor edit — Section 503 (CrPC 457). "reported to a Magistrate under the provisions of this Code" becomes "this Sanhita". The six-month proclamation period is unchanged.

Statutory text (relevant extract)

Extract, Section 459 CrPC (repealed from 1 July 2024):

... or that the value of such property is less than five hundred rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

Extract, Section 505 BNSS:

... 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.

Extract, Section 502(1) BNSS, with its proviso:

When a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such use of force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property:

Provided that no such order shall be made by the Court more than one month after the date of the conviction.

Extract, Section 504(1) BNSS (closing words):

... 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.

How it works

1. Innocent purchaser (Section 499). Four conditions: (a) a person is convicted of an offence which "includes, or amounts to, theft or receiving stolen property"; (b) it is proved that another person bought the stolen property from him "without knowing or having reason to believe that the same was stolen"; (c) money was taken out of the convicted person's possession on his arrest; and (d) the purchaser applies, and the stolen property is restored to the person entitled to it. The court may then order that, out of that money, a sum "not exceeding the price paid by such purchaser" be delivered to him within six months from the date of the order.

2. Appeal (Section 500). An order under Section 498 (final disposal of property) or Section 499 is appealable to the court to which appeals ordinarily lie from convictions by the court that made it. The appellate court may stay the order pending the appeal, or "modify, alter or annul" it (Section 500(2)); a court of appeal, confirmation or revision hearing the main case may do the same (Section 500(3)).

3. Destruction (Section 501). On a conviction for selling obscene books or objects (BNS 294, 295) or for printing or selling defamatory matter (BNS 356(3), (4)), the court may order destruction of all copies in its custody or in the possession or power of the convicted person. On a conviction under BNS 274 to 277, it may order the food, drink, drug or medical preparation destroyed.

4. Restoration of possession (Section 502).

• The trial court acts under sub-section (1): conviction for an offence by use of criminal force, show of force or criminal intimidation, and a finding that someone was dispossessed of immovable property by it. The order may be made no later than one month after the date of the conviction.
• If the trial court made no order, the court of appeal, confirmation or revision may make it "while disposing of the appeal, reference or revision" (sub-section (2)).
• The order is appealable in the same way as an order under Section 499 (sub-section (3)).
• The order does not prejudice any right or interest in the property that a person "may be able to establish in a civil suit" (sub-section (4)).

5. Seized property not produced in court (Sections 503–505).

• Trigger — a police seizure is reported to a Magistrate under the BNSS and the property is not produced before a criminal court during an inquiry or trial (Section 503(1)).
• Known owner — delivery to him "on such conditions (if any) as the Magistrate thinks fit" (Section 503(2)).
• Unknown owner — the Magistrate detains the property and must issue a proclamation listing it and requiring claimants to establish their claim "within six months from the date of such proclamation" (Section 503(2)).
• No claim — if nobody establishes a claim within that period and the possessor cannot show it was legally acquired, the Magistrate may direct that it be at the disposal of the State Government; an appeal lies to the court that hears appeals from the Magistrate's convictions (Section 504).
• Early sale — where the owner is unknown or absent, the Magistrate may direct a sale at any time on any one of three grounds: speedy and natural decay; sale would benefit the owner; or value less than ₹10,000. Sections 503 and 504 then apply to the net proceeds (Section 505).

What this means in practice

For a victim dispossessed of land or a house

• Ask the trial court for a restoration order under Section 502(1) at conviction or within one month of it; the proviso bars the trial court after that.
• If the trial court made no order, the application lies to the appellate or revisional court under Section 502(2). H.P. Gupta (below) holds that court may act after disposing of the appeal, but within a reasonable time.
• Where the trial court has already ordered the property handed over, a later application to enforce it is not an application for a new order; Mahesh Dube (below) held the one-month limit does not apply in that situation.

For a buyer who paid for stolen goods in good faith

• Apply to the trial court under Section 499 after the conviction, once the goods go back to their owner. The payment is capped at the price you paid and can come only out of money taken from the accused on arrest; under the BNSS it must be delivered within six months of the order.

For an owner whose property the police seized

• If the property was reported to a Magistrate but not produced in a trial, apply under Section 503 for delivery. If you learn of a proclamation, the claim must be established within six months of its date.
• Low-value property (under ₹10,000) and perishable property may be sold early under Section 505; the claim then attaches to the net proceeds.

For the defence or prosecution

• Every order under Sections 498, 499 and 502 is appealable under Section 500, and the appellate court may stay it.
• On a reading of Section 504(1), a claim to sale proceeds of unclaimed property will turn on State Government rules. Whether a State has made them was not traced for this page.

Judgments that still matter

H.P. Gupta v. Manohar Lal and Ors., [1979] 2 S.C.R. 208 — 3 November 1978. V.D. Tulzapurkar and R.S. Pathak JJ. (judgment by Tulzapurkar J.). A Magistrate convicted the respondents under Section 447 IPC for trespassing and taking forcible possession, but made no restoration order. Two weeks after their appeal was dismissed, the appellate court restored possession to the complainant; the Delhi High Court set that order aside, holding that the appellate court had no power once it had disposed of the appeal. The Supreme Court held that the words "while disposing of the appeal, reference or revision" in Section 456(2) mean "in continuation of the disposal" and do not require the order to be in the appellate judgment itself. The appellate or revisional court "will have jurisdiction or power to pass the order for restoration of possession at any time but it has to be exercised with discretion within reasonable time" of the disposal (report pp. 213–214; no paragraph numbers are printed). It allowed the appeal, set aside the High Court's order and restored the Additional Sessions Judge's order. The Court explained the 1973 wording against Section 522 of the 1898 Code and the Law Commission's 41st Report. Section 502(2) BNSS repeats the words construed.

Mahesh Dube v. Shivbodh and Ors., Supreme Court, 12 February 2019 (Criminal Appeal No. 1104 of 2011). Sanjay Kishan Kaul and Deepak Gupta JJ. (judgment by Deepak Gupta J.). The trial court, while convicting the respondents under Section 448 IPC for forcibly retaking a house delivered in execution of an eviction decree, directed the property handed over to the complainant. The order was not carried out. After the appeal was dismissed, the complainant's application to enforce it was rejected as filed beyond 30 days, and the revision and a Section 482 petition failed. The Court held that no separate restoration order was needed because one had been passed at conviction (para 4). It said the 30-day limitation "would apply only if the Trial Court had not passed any order in respect of the case property while convicting the accused" (para 6). Citing H.P. Gupta, it noted that no limitation is provided for the higher courts under sub-section (2) (para 5). It set aside the orders of the High Court, the Sessions Court and the trial court and directed the respondents to hand over possession within one month of service of a certified copy (para 7). The proviso construed is repeated in Section 502(1) BNSS.

On a reading of the text, both judgments remain relevant to Section 502 because its sub-sections (2) and (4) and its proviso repeat Section 456 word for word; only the opening words of sub-section (1) changed. No Supreme Court judgment applying Sections 499 to 505 BNSS was found for this page.

Which law applies to your case

Section 531(2)(a) BNSS provides that any appeal, application, trial, inquiry or investigation pending immediately before the BNSS came into force (1 July 2024, S.O. 848(E)) is disposed of, continued, held or made under the CrPC "as if this Sanhita had not come into force". On a reading of that provision, a property application or appeal pending on that date continues under Sections 453 to 459 CrPC, and one filed on or after that date in a case not saved by the clause proceeds under Sections 499 to 505 BNSS. See which law applies to an offence before 1 July 2024 and the repeal and savings page.

Frequently asked questions

What are the BNSS equivalents of Sections 453 to 459 CrPC? Sections 499 to 505 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replace Sections 453 to 459 of the Code of Criminal Procedure, 1973, in the same order: 453 is now 499, 454 is 500, 455 is 501, 456 is 502, 457 is 503, 458 is 504 and 459 is 505. They came into force on 1 July 2024.

What changed for an innocent buyer of stolen property? Section 499 BNSS keeps the rule in Section 453 CrPC: when a thief or receiver is convicted and money was taken from him on arrest, the court may order a sum not exceeding the price paid to be delivered to a person who bought the stolen property in good faith, once that property is restored to its owner. The BNSS adds that the sum is to be delivered "within six months from the date of such order".

Can a criminal court restore possession of land or a house after a conviction? Yes. Under Section 502(1) BNSS, when a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation and someone was dispossessed of immovable property by it, the court may order possession restored, evicting others by force if necessary. The trial court cannot make the order "more than one month after the date of the conviction". An appellate, confirming or revisional court may make it under Section 502(2) where the trial court did not.

Is the one-month limit binding on the appellate court? The one-month proviso is in Section 502(1) BNSS, which governs the trial court. In H.P. Gupta v. Manohar Lal ([1979] 2 S.C.R. 208), construing the same words in Section 456(2) CrPC, the Supreme Court held that the appellate or revisional court may pass the order at any time, but must exercise the power with discretion within a reasonable time of disposing of the appeal or revision.

What happens to seized property that nobody claims? Under Section 503(2) BNSS, if the person entitled is unknown, the Magistrate detains the property and issues a proclamation calling on claimants to establish their claim within six months. Under Section 504(1), if no one does and the person from whom it was taken cannot show it was legally acquired, the Magistrate may place it at the disposal of the State Government, which may sell it; the proceeds are dealt with as the State Government may, by rules, provide.

When can a Magistrate sell seized property before anyone claims it? Under Section 505 BNSS, where the person entitled is unknown or absent, the Magistrate may at any time direct a sale if the property is subject to speedy and natural decay, if a sale would benefit the owner, or if its value is less than ten thousand rupees. Section 459 CrPC set that value at less than five hundred rupees, itself substituted in 2006 for "less than ten rupees".

Which law applies to a property application pending on 1 July 2024? Section 531(2)(a) BNSS provides that an appeal, application, trial, inquiry or investigation pending immediately before the BNSS came into force is disposed of, continued, held or made under the CrPC as if the BNSS had not come into force. On a reading of that provision, an application under Sections 453 to 459 CrPC pending on that date continues under the CrPC, including the five-hundred-rupee figure in Section 459.

Related

• Sections 451–452 CrPC vs Sections 497–498 BNSS — Custody and Disposal of Property
• Section 102 CrPC vs Section 106 BNSS — Police Seizure
• Getting a seized vehicle or property back (BNSS 497–505)
• Criminal trespass and house-trespass: IPC 447–448 vs BNS 329
• Section 484 CrPC vs Section 531 BNSS — Repeal and Savings
• CrPC to BNSS master table

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette text): Sections 499 to 505, 523(1) and 531(2)(a); commencement footnote to Section 1 (S.O. 848(E)).
• Code of Criminal Procedure, 1973 (India Code text): Sections 2(t), 453 to 459 with the footnote to Section 459 (Act 25 of 2005), and 477(1).
• Bharatiya Nyaya Sanhita, 2023 (Gazette text): Sections 274 to 277, 294, 295 and 356(3)–(4); Indian Penal Code, 1860: Sections 272 to 275, 292, 293, 501 and 502 — read for the cross-references in Section 501 BNSS.
• Judgments read in full text: H.P. Gupta v. Manohar Lal and Ors. (1979_2_208_214_EN.md; report PDF headers checked); Mahesh Dube v. Shivbodh and Ors. (Diary_8532-2009_Judgment.md).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.