Section 497 BNSS: Order for custody and disposal of property pending trial in certain cases

Section 497 BNSS Bare Act Text

(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.

Source: Section 497, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 497 BNSS in Simple Words

When Section 497 BNSS Applies

• 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.
• 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.
• 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.
• 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.
• 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.
• 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 Under Section 497 BNSS

• 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)”

Example of Section 497 BNSS

When Section 497 BNSS Does Not Apply

• Section 497(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply when property has not been produced before a Criminal Court or a Magistrate empowered to take cognizance or commit the case for trial during an investigation, inquiry or trial.

Section 497 BNSS in the CrPC (Previous Law)

FAQs on Section 497 BNSS

Section 497 BNSS: Sub-sections Explained

Sections Related to Section 497 BNSS