Section 498 BNSS: Order for disposal of property at conclusion of trial

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 498 BNSS at a Glance

Section 498 BNSS deals with order for disposal of property at conclusion of trial. It replaced Section 452 CrPC on 1 July 2024.

Was CrPC

Section 452 →

Section 498 BNSS Bare Act Text

(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.

Source: Section 498, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 498 BNSS in Simple Words

Section 498 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Order for disposal of property at conclusion of trial. 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, 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.

Section 498(2) BNSS deals with delivery without any condition or on condition of a bond. Section 498(3) BNSS deals with a Court of Session and the Chief Judicial Magistrate.

Section 498(4) BNSS provides that an order shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of. Section 498(5) BNSS says what the term property includes.

When Section 498 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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 Under Section 498 BNSS

  • 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.”

Example of Section 498 BNSS

In a criminal case against Arjun, a bracelet is produced before the Magistrate. When the investigation, inquiry or trial is concluded, the Court or the Magistrate may make such order as it thinks fit for the disposal of the bracelet under Section 498(1) BNSS. Kavita claims possession of the bracelet, and the Magistrate may make an order for delivery to Kavita on condition that Kavita executes a bond, with or without securities, to the satisfaction of the Court or the Magistrate, engaging to restore the bracelet to the Court if the order is modified or set aside on appeal or revision. Because a bond has been executed in pursuance of Section 498(2) BNSS, the rule in Section 498(4) BNSS that an order shall not be carried out for two months does not apply.

When Section 498 BNSS Does Not Apply

  • Section 498 BNSS speaks of disposal of property at the conclusion of an investigation, inquiry or trial. It does not deal with the custody and disposal of property pending trial, which is the subject of Section 497 BNSS.
  • Section 498(4) BNSS speaks of an appeal that is presented. It does not deal with appeals against orders under Section 498 BNSS, which are the subject of Section 500 BNSS.

Section 498 BNSS in the CrPC (Previous Law)

Section 498 BNSS replaced Section 452 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 498 BNSS

What order may the Court or the Magistrate make under Section 498(1) BNSS?▼

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, 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.

For how long shall an order under Section 498 BNSS not be carried out?▼

Under Section 498(4) BNSS, an order made under Section 498(1) BNSS shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of. The rule does not apply where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of Section 498(2) BNSS.

What does the term property include in Section 498 BNSS?▼

Under Section 498(5) BNSS, in the case of property regarding which an offence appears to have been committed, the term property includes 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.

What changed from Section 452 CrPC to Section 498 BNSS from 1 July 2024?▼

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, so that Section 457 CrPC is found in Section 503 BNSS, Section 458 CrPC in Section 504 BNSS and Section 459 CrPC in Section 505 BNSS. Section 498(4) BNSS and Section 498(5) BNSS have the same text as Section 452(4) CrPC and Section 452(5) CrPC.

Section 498 BNSS: Sub-sections Explained

Section 498(1) BNSS: Order for disposal of property at conclusion of trial

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Bare Act Text

(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.

Previous Law

CrPC 452 → Section 498(1) BNSS

Section 498(2) BNSS: Order for disposal of property at conclusion of trial

▶

Bare Act Text

(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.

Previous Law

CrPC 452(2) → Section 498(2) BNSS

Section 498(3) BNSS: Order for disposal of property at conclusion of trial

▶

Bare Act Text

(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.

Previous Law

CrPC 452(3) → Section 498(3) BNSS

Section 498(4) BNSS: Order for disposal of property at conclusion of trial

▶

Bare Act Text

(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.

Previous Law

CrPC 452(4) → Section 498(4) BNSS

Section 498(5) BNSS: Order for disposal of property at conclusion of trial

▶

Bare Act Text

(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.

Previous Law

CrPC 452(5) → Section 498(5) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·