CrPC 459→BNSS 505

CrPC 459 to BNSS 505: Power to sell perishable property

Section 459 CrPC (1973) replaced by Section 505 BNSS (2023)

View CrPC Section 459 →View BNSS Section 505 →

CrPC 459 to BNSS 505 at a Glance

Section 459 CrPC (Power to sell perishable property) is now Section 505 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 459 to BNSS 505?

Section 459 of the Code of Criminal Procedure, 1973 was replaced by Section 505 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The heading is the same. Section 505 BNSS reads ten thousand rupees where Section 459 CrPC read five hundred rupees. Section 505 BNSS refers to Section 503 BNSS and Section 504 BNSS where Section 459 CrPC referred to Section 457 CrPC and Section 458 CrPC.

CrPC 459 vs BNSS 505: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section459505
HeadingPower to sell perishable propertySame
Cross-referencess.457, s.458s.503, s.504

CrPC 459 and BNSS 505: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 459, CrPC 1973

459. Power to sell perishable property.—If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, 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.
BNSS 2023 (in force)

Section 505, BNSS 2023

505. Power to sell perishable property.—If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, 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.

When It Applies: CrPC 459 vs BNSS 505

Under CrPC 459
  1. Section 459 CrPC speaks of property where the person entitled to the possession of the property is unknown or absent and the property is subject to speedy and natural decay.
  2. Section 459 CrPC also speaks of the case where the Magistrate to whom the seizure is reported is of opinion that the sale of the property would be for the benefit of the owner.
  3. Section 459 CrPC also speaks of the case where the value of the property is less than five hundred rupees. In each case, the Magistrate may at any time direct the property to be sold.
  4. The provisions of Section 457 CrPC and Section 458 CrPC shall, as nearly as may be practicable, apply to the net proceeds of the sale.
Under BNSS 505
  1. Section 505 BNSS speaks of property where the person entitled to the possession of the property is unknown or absent and the property is subject to speedy and natural decay.
  2. Section 505 BNSS also speaks of the case where the Magistrate to whom the seizure is reported is of opinion that the sale of the property would be for the benefit of the owner.
  3. Section 505 BNSS also speaks of the case where the value of the property is less than ten thousand rupees. In each case, the Magistrate may at any time direct the property to be sold.
  4. The provisions of Section 503 BNSS and Section 504 BNSS shall, as nearly as may be practicable, apply to the net proceeds of the sale.

Time Limits: CrPC 459 to BNSS 505

Under CrPC 459
  • Section 459 CrPC provides that the Magistrate may at any time direct the property to be sold.Act text: “the Magistrate may at any time direct it to be sold”
Under BNSS 505
  • Section 505 BNSS provides that the Magistrate may at any time direct the property to be sold.Act text: “the Magistrate may at any time direct it to be sold”

What CrPC 459 to BNSS 505 Means in Practice

From 1 July 2024, the power to sell perishable property is found in Section 505 BNSS instead of Section 459 CrPC. Section 505 BNSS refers to a value of less than ten thousand rupees, where Section 459 CrPC referred to a value of less than five hundred rupees.

FAQs: CrPC 459 to BNSS 505

Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 459 CrPC found in?▼

From 1 July 2024, Section 459 of the Code of Criminal Procedure, 1973 is found in Section 505 BNSS. Section 459 CrPC has no sub-sections, and is found as a whole in Section 505 BNSS.

What changed between Section 459 CrPC and Section 505 BNSS regarding value?▼

Section 459 CrPC read that the value of the property is less than five hundred rupees. Section 505 BNSS reads that the value of the property is less than ten thousand rupees.

Which sections apply to the net proceeds of a sale under Section 505 BNSS?▼

Section 505 BNSS refers to Section 503 BNSS and Section 504 BNSS, where Section 459 CrPC referred to Section 457 CrPC and Section 458 CrPC.

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 ·