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BNSS, 2023
Start Practicing
BNSSChapter XXXVISection 503
Section503

Procedure by police upon seizure of property

AI Assist

Summary

When police report seized property to a Magistrate and that property is not produced before a Criminal Court during inquiry or trial, the Magistrate may order its disposal or delivery to the person entitled to possess it. If the owner is known, delivery can be made on conditions. If unknown, the Magistrate may detain the property and issue a proclamation calling claimants to appear within six months.

Example

Ravi reports a neighbour stole his toolbox and police seize the box. The toolbox is not produced in the Criminal Court during trial, so the Magistrate may order it returned to Ravi on conditions if Ravi is proved to be the owner. If no owner is identified, the Magistrate will detain the box and issue a proclamation asking any claimant to appear within six months.

Bare Act

Enacted text

(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.

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XXXVI

Chapter XXXVI

Disposal of Property

In this chapter

  • 497Order for custody and disposal of property pending trial in certain cases
  • 498Order for disposal of property at conclusion of trial
  • 499Payment to innocent purchaser of money found on accused
  • 500Appeal against orders under section 498 or section 499
  • 501Destruction of libellous and other matter
  • 502Power to restore possession of immovable property
  • 503Procedure by police upon seizure of property
  • 504Procedure where no claimant appears within six months
  • 505Power to sell perishable property
Previous · Section 502Power to restore possession of immovable propertyNext · Section 504Procedure where no claimant appears within six months