CrPC 451→BNSS 497

CrPC 451 to BNSS 497: Order for custody and disposal of property pending trial in certain cases

Section 451 CrPC (1973) replaced by Section 497 BNSS (2023)

View CrPC Section 451 →View BNSS Section 497 →

CrPC 451 to BNSS 497 at a Glance

Section 451 CrPC (Order for custody and disposal of property pending trial in certain cases) is now Section 497 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 451 to BNSS 497?

Section 451 of the Code of Criminal Procedure, 1973 became Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the renumbering as Section 497(1) BNSS being a change of form. Section 497(1) BNSS adds the Magistrate empowered to take cognizance or commit the case for trial and extends the rule to the investigation stage, while the custody power, the sale or disposal test, and the Explanation remain unchanged. Section 497(2) BNSS, Section 497(3) BNSS, Section 497(4) BNSS and Section 497(5) BNSS are new sub-sections with no CrPC source covering a statement within fourteen days, photography and electronic videography, evidentiary use, and disposal orders within thirty days.

CrPC 451 vs BNSS 497: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section451497
HeadingOrder for custody and disposal of property pending trial in certain casesSame
Sub-sectionsNone5 sub-sections

CrPC 451 and BNSS 497: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 451, CrPC 1973

451. Order for custody and disposal of property pending trial in certain cases.—When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.—For the purposes of this section, “property” includes— (a) property of any kind or document which is produced before the Court or which is in its custody; (b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.
BNSS 2023 (in force)

Section 497, BNSS 2023

497. Order for custody and disposal of property pending trial in certain cases.—(1) When any property is produced before any Criminal Court or the Magistrate empowered to take cognizance or commit the case for trial during any investigation, inquiry or trial, the Court or the Magistrate may make such order as it thinks fit for the proper custody of such property pending the conclusion of the investigation, inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court or the Magistrate may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.—For the purposes of this section, "property" includes— (a) property of any kind or document which is produced before the Court or which is in its custody; (b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence. (2) The Court or the Magistrate shall, within a period of fourteen days from the production of the property referred to in sub-section (1) before it, prepare a statement of such property containing its description in such form and manner as the State Government may, by rules, provide. (3) The Court or the Magistrate shall cause to be taken the photograph and if necessary, videograph on mobile phone or any electronic media, of the property referred to in sub-section (1). (4) The statement prepared under sub-section (2) and the photograph or the videography taken under sub-section (3) shall be used as evidence in any inquiry, trial or other proceeding under the Sanhita. (5) The Court or the Magistrate shall, within a period of thirty days after the statement has been prepared under sub-section (2) and the photograph or the videography has been taken under sub-section (3), order the disposal, destruction, confiscation or delivery of the property in the manner specified hereinafter.

When It Applies: CrPC 451 vs BNSS 497

Under CrPC 451
  1. When property is brought before a Criminal Court during an inquiry or trial, Section 451 of the Code of Criminal Procedure, 1973 provides that the Court may make such order as it thinks fit for its proper custody pending the conclusion of the inquiry or trial.
  2. If the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Criminal Court may order it to be sold or otherwise disposed of after recording such evidence as it thinks necessary.
  3. Under the Explanation to Section 451 CrPC, the power extends to any kind of property or any document that has been produced before the Criminal Court or is held in its custody.
  4. The Explanation to Section 451 CrPC also covers any property regarding which an offence appears to have been committed or which appears to have been used for committing any offence.
Under BNSS 497
  1. When any property is produced during an investigation, inquiry or trial before a Criminal Court or a Magistrate empowered to take cognizance or commit the case for trial, Section 497(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that the Court or the Magistrate may make such order as it thinks fit for its proper custody pending the conclusion of the investigation, inquiry or trial.
  2. If the produced property is subject to speedy and natural decay, or if it is otherwise expedient so to do, Section 497(1) BNSS permits the Criminal Court or the Magistrate, after recording such evidence as it thinks necessary, to order the property to be sold or otherwise disposed of.
  3. Under the Explanation to Section 497(1) BNSS, property includes any kind of property or document produced before the Court or in its custody, as well as any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.
  4. Under Section 497(3) BNSS, the Criminal Court or the Magistrate shall cause a photograph and, if necessary, a videograph on a mobile phone or any electronic media to be taken of the property referred to in Section 497(1) BNSS.
  5. Under Section 497(4) BNSS, the descriptive statement prepared under Section 497(2) BNSS and the photograph or videography taken under Section 497(3) BNSS shall be used as evidence in any inquiry, trial or other proceeding under the Sanhita.
  6. Once the statement has been prepared under Section 497(2) BNSS in the form and manner provided by State Government rules and the photograph or videography has been taken under Section 497(3) BNSS, Section 497(5) BNSS provides that the Criminal Court or the Magistrate shall order the disposal, destruction, confiscation or delivery of the property in the manner specified hereinafter.

Time Limits: CrPC 451 to BNSS 497

Under CrPC 451

Section 451 CrPC states no time limit.

Under BNSS 497
  • Under Section 497(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Criminal Court or the Magistrate shall prepare the statement containing the description of the property within a period of fourteen days from the production of the property referred to in Section 497(1) BNSS before it.Act text: “within a period of fourteen days from the production of the property referred to in sub-section (1) before it”
  • Under Section 497(5) BNSS, the Criminal Court or the Magistrate shall order the disposal, destruction, confiscation or delivery of the property within a period of thirty days after the statement has been prepared under Section 497(2) BNSS and the photograph or videography has been taken under Section 497(3) BNSS.Act text: “within a period of thirty days after the statement has been prepared under sub-section (2)”

What CrPC 451 to BNSS 497 Means in Practice

Under Section 451 of the Code of Criminal Procedure, 1973, a Criminal Court could order custody or sale of produced property only during an inquiry or trial, without fixed timelines. Under Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Court or empowered Magistrate may also act during an investigation, and shall prepare a statement within fourteen days, cause a photograph and if necessary a videograph of the property to be taken for use as evidence, and order disposal, destruction, confiscation or delivery within thirty days.

FAQs: CrPC 451 to BNSS 497

Can orders for custody of property be made during an investigation under Section 497 BNSS unlike Section 451 CrPC?▼

Yes. Section 451 of the Code of Criminal Procedure, 1973 applied only when property was produced before a Criminal Court during an inquiry or trial. Section 497(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies when property is produced during an investigation, inquiry or trial, and allows either a Criminal Court or a Magistrate empowered to take cognizance or commit the case for trial to order proper custody pending the conclusion of the investigation, inquiry or trial.

What new time limits does Section 497 BNSS introduce that were not in Section 451 CrPC?▼

Section 451 of the Code of Criminal Procedure, 1973 did not prescribe any time limit for documenting or disposing of produced property. Under Section 497(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court or the Magistrate shall prepare a descriptive statement within a period of fourteen days from the production of the property. Under Section 497(5) BNSS, the Court or the Magistrate shall order its disposal, destruction, confiscation or delivery within thirty days after the statement and visual recording are completed.

What does Section 497 BNSS add regarding photographs, videographs and their use as evidence?▼

Section 451 of the Code of Criminal Procedure, 1973 contained no provision for photographing or videographing produced property. Section 497(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires the Court or the Magistrate to cause a photograph and, if necessary, a videograph on a mobile phone or any electronic media to be taken. Under Section 497(4) BNSS, the descriptive statement and the photograph or videography shall be used as evidence in any inquiry, trial or other proceeding under the Sanhita.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·