CrPC 458→BNSS 504

CrPC 458 to BNSS 504: Procedure where no claimant appears within six months

Section 458 CrPC (1973) replaced by Section 504 BNSS (2023)

View CrPC Section 458 →View BNSS Section 504 →

CrPC 458 to BNSS 504 at a Glance

Section 458 CrPC (Procedure where no claimant appears within six months) is now Section 504 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 458 to BNSS 504?

Section 458 of the Code of Criminal Procedure, 1973 was replaced by Section 504 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The heading is the same. Section 504(1) BNSS reads dealt with in such manner as the State Government may, by rules, provide where Section 458(1) CrPC read dealt with in such manner as may be prescribed. Section 504(2) BNSS is in the same words as Section 458(2) CrPC.

CrPC 458 vs BNSS 504: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section458504
HeadingProcedure where no claimant appears within six monthsSame
Sub-sections2 sub-sectionsSame

CrPC 458 and BNSS 504: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 458, CrPC 1973

458. Procedure where no claimant appears within six months.—(1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as may be prescribed. (2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.
BNSS 2023 (in force)

Section 504, BNSS 2023

504. Procedure where no claimant appears within six months.—(1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and 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. (2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

When It Applies: CrPC 458 vs BNSS 504

Under CrPC 458
  1. Section 458(1) CrPC speaks of property for which no person within such period establishes a claim, and where the person in whose possession it was found is unable to show that it was legally acquired by him.
  2. In that case, the Magistrate may by order direct that the property shall be at the disposal of the State Government.
  3. The property may be sold by the State Government, and the proceeds of the sale shall be dealt with in such manner as may be prescribed.
  4. Under Section 458(2) CrPC, an appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.
Under BNSS 504
  1. Section 504(1) BNSS speaks of property for which no person within such period establishes a claim, and where the person in whose possession it was found is unable to show that it was legally acquired by him.
  2. In that case, the Magistrate may by order direct that the property shall be at the disposal of the State Government.
  3. The property may be sold by the State Government, and the proceeds of the sale shall be dealt with in such manner as the State Government may, by rules, provide.
  4. Under Section 504(2) BNSS, an appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

Time Limits: CrPC 458 to BNSS 504

Under CrPC 458
  • The heading of Section 458 CrPC refers to six months, and Section 458(1) CrPC speaks of a claim established within such period.Act text: “If no person within such period establishes his claim to such property”
Under BNSS 504
  • The heading of Section 504 BNSS refers to six months, and Section 504(1) BNSS speaks of a claim established within such period.Act text: “If no person within such period establishes his claim to such property”

What CrPC 458 to BNSS 504 Means in Practice

From 1 July 2024, the procedure where no claimant appears within six months is found in Section 504 BNSS instead of Section 458 CrPC. The one difference in wording is in Section 504(1) BNSS, which refers to the manner in which the State Government may, by rules, provide for dealing with the proceeds of the sale.

FAQs: CrPC 458 to BNSS 504

Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 458 CrPC found in?▼

From 1 July 2024, Section 458 of the Code of Criminal Procedure, 1973 is found in Section 504 BNSS. Section 458(1) CrPC is found in Section 504(1) BNSS and Section 458(2) CrPC in Section 504(2) BNSS.

What changed between Section 458(1) CrPC and Section 504(1) BNSS regarding the proceeds of a sale?▼

Section 458(1) CrPC read that the proceeds of the sale shall be dealt with in such manner as may be prescribed. Section 504(1) BNSS reads that they shall be dealt with in such manner as the State Government may, by rules, provide.

Did the appeal in Section 458(2) CrPC change in Section 504(2) BNSS?▼

Section 504(2) BNSS is in the same words as Section 458(2) CrPC: an appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

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 ·