CrPC 452→BNSS 498

CrPC 452 to BNSS 498: Order for disposal of property at conclusion of trial

Section 452 CrPC (1973) replaced by Section 498 BNSS (2023)

View CrPC Section 452 →View BNSS Section 498 →

CrPC 452 to BNSS 498 at a Glance

Section 452 CrPC (Order for disposal of property at conclusion of trial) is now Section 498 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 452 to BNSS 498?

From 1 July 2024, Section 498 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 452 of the Code of Criminal Procedure, 1973. The heading is the same. Section 498(1) BNSS reads an investigation, inquiry or trial in any criminal case where Section 452(1) CrPC read an inquiry or trial in any Criminal Court, and reads the Court or the Magistrate where Section 452(1) CrPC read the Court. Section 498(2) BNSS reads the Court or the Magistrate where Section 452(2) CrPC read the Court. Section 498(3) BNSS reads sections 503, 504 and 505 where Section 452(3) CrPC read sections 457, 458 and 459. Section 498(4) BNSS and Section 498(5) BNSS have the same text as Section 452(4) CrPC and Section 452(5) CrPC.

CrPC 452 vs BNSS 498: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section452498
HeadingOrder for disposal of property at conclusion of trialSame
Sub-sections5 sub-sectionsSame
Cross-referencess.457, s.458, s.459s.503, s.504, s.505

CrPC 452 and BNSS 498: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 452, CrPC 1973

452. Order for disposal of property at conclusion of trial.—(1) When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence. (2) An order may be made under sub-section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without securities, to the satisfaction of the Court, engaging to restore such property to the Court if the order made under sub-section (1) is modified or set aside on appeal or revision. (3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 457, 458 and 459. (4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of. (5) In this section, the term “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.
BNSS 2023 (in force)

Section 498, BNSS 2023

498. Order for disposal of property at conclusion of trial.—(1) When an investigation, inquiry or trial in any criminal case is concluded, the Court or the Magistrate may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence. (2) An order may be made under sub-section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without securities, to the satisfaction of the Court or the Magistrate, engaging to restore such property to the Court if the order made under sub-section (1) is modified or set aside on appeal or revision. (3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 503, 504 and 505. (4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of. (5) In this section, the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.

When It Applies: CrPC 452 vs BNSS 498

Under CrPC 452
  1. Under Section 452(1) CrPC, when an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal of property or a document.
  2. Under Section 452(1) CrPC, the property or document is one produced before the Court or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.
  3. Under Section 452(2) CrPC, an order for delivery may be made without any condition or on condition that he executes a bond, with or without securities, to the satisfaction of the Court.
  4. Under Section 452(3) CrPC, a Court of Session may, instead of itself making an order under Section 452(1) CrPC, direct the property to be delivered to the Chief Judicial Magistrate.
  5. Under Section 452(5) CrPC, the term property includes any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange.
Under BNSS 498
  1. Under Section 498(1) BNSS, when an investigation, inquiry or trial in any criminal case is concluded, the Court or the Magistrate may make such order as it thinks fit for the disposal of property or a document.
  2. Under Section 498(1) BNSS, the property or document is one produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.
  3. Under Section 498(2) BNSS, an order for delivery may be made without any condition or on condition that he executes a bond, with or without securities, to the satisfaction of the Court or the Magistrate.
  4. Under Section 498(3) BNSS, a Court of Session may, instead of itself making an order under Section 498(1) BNSS, direct the property to be delivered to the Chief Judicial Magistrate.
  5. Under Section 498(5) BNSS, the term property includes any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange.

Time Limits: CrPC 452 to BNSS 498

Under CrPC 452
  • Under Section 452(4) CrPC, an order made under Section 452(1) CrPC shall not be carried out for two months.Act text: “an order made under sub-section (1) shall not be carried out for two months”
  • Under Section 452(4) CrPC, when an appeal is presented, the order shall not be carried out until such appeal has been disposed of.Act text: “or when an appeal is presented, until such appeal has been disposed of.”
Under BNSS 498
  • Under Section 498(4) BNSS, an order made under Section 498(1) BNSS shall not be carried out for two months.Act text: “an order made under sub-section (1) shall not be carried out for two months”
  • Under Section 498(4) BNSS, when an appeal is presented, the order shall not be carried out until such appeal has been disposed of.Act text: “or when an appeal is presented, until such appeal has been disposed of.”

What CrPC 452 to BNSS 498 Means in Practice

A reader of Section 498 BNSS should look for these differences from Section 452 CrPC: the words an investigation, inquiry or trial in any criminal case in Section 498(1) BNSS, the words the Court or the Magistrate in Section 498(1) BNSS and Section 498(2) BNSS, and the section numbers 503, 504 and 505 in Section 498(3) BNSS.

FAQs: CrPC 452 to BNSS 498

Where is Section 452 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 452(1) CrPC is found in Section 498(1) BNSS, Section 452(2) CrPC in Section 498(2) BNSS, Section 452(3) CrPC in Section 498(3) BNSS, Section 452(4) CrPC in Section 498(4) BNSS and Section 452(5) CrPC in Section 498(5) BNSS.

Which words differ between Section 498(1) BNSS and Section 452(1) CrPC?▼

Section 498(1) BNSS reads an investigation, inquiry or trial in any criminal case where Section 452(1) CrPC read an inquiry or trial in any Criminal Court. Section 498(1) BNSS reads the Court or the Magistrate where Section 452(1) CrPC read the Court.

Which sections does Section 498(3) BNSS name where Section 452(3) CrPC named Section 457 CrPC, Section 458 CrPC and Section 459 CrPC?▼

Section 498(3) BNSS names Section 503 BNSS, Section 504 BNSS and Section 505 BNSS. Section 457 CrPC is found in Section 503 BNSS, Section 458 CrPC in Section 504 BNSS and Section 459 CrPC in Section 505 BNSS.

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 ·