Section 502 BNSS: Power to restore possession of immovable property

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 502 BNSS at a Glance

Section 502 BNSS deals with power to restore possession of immovable property. It replaced Section 456 CrPC on 1 July 2024.

Was CrPC

Section 456 →

Section 502 BNSS Bare Act Text

(1) When a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such use of force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property:

Provided that no such order shall be made by the Court more than one month after the date of the conviction.

(2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.

(3) Where an order has been made under sub-section (1), the provisions of section 500 shall apply in relation thereto as they apply in relation to an order under section 499.

(4) No order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.

Source: Section 502, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 502 BNSS in Simple Words

Section 502 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Power to restore possession of immovable property. Under Section 502(1) BNSS, when a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such use of force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property.

No such order shall be made by the Court more than one month after the date of the conviction. Under Section 502(2) BNSS, where the Court trying the offence has not made an order under Section 502(1) BNSS, the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.

When Section 502 BNSS Applies

  • Section 502(1) BNSS applies when a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation.
  • It must appear to the Court that, by such use of force or show of force or intimidation, any person has been dispossessed of any immovable property.
  • The Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property.
  • Under Section 502(2) BNSS, where the Court trying the offence has not made an order under Section 502(1) BNSS, the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.
  • Under Section 502(3) BNSS, where an order has been made under Section 502(1) BNSS, the provisions of Section 500 BNSS shall apply in relation thereto as they apply in relation to an order under Section 499 BNSS.
  • Under Section 502(4) BNSS, no order made under Section 502 BNSS shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.

Time Limits Under Section 502 BNSS

  • Under the proviso to Section 502(1) BNSS, no such order shall be made by the Court more than one month after the date of the conviction.Act text: “no such order shall be made by the Court more than one month after the date of the conviction”

Example of Section 502 BNSS

Vikram is convicted of an offence by use of criminal intimidation, and it appears to the Court that, by such use of intimidation, Anita has been dispossessed of a house, which is immovable property. Deepak is in possession of the house. Under Section 502(1) BNSS, the Court may, if it thinks fit, order that possession of the house be restored to Anita after evicting by force, if necessary, Deepak. No such order shall be made by the Court more than one month after the date of the conviction.

When Section 502 BNSS Does Not Apply

  • Section 502 BNSS speaks of an order restoring possession of immovable property. It does not deal with the disposal of property at the conclusion of a trial, which is the subject of Section 498 BNSS.
  • Section 502 BNSS speaks of a person dispossessed of immovable property by use of force or intimidation. It does not deal with the destruction of libellous and other matter, which is the subject of Section 501 BNSS.

Section 502 BNSS in the CrPC (Previous Law)

Section 502 BNSS replaced Section 456 CrPC from 1 July 2024.

From 1 July 2024, Section 502 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 456 of the Code of Criminal Procedure, 1973. The heading is the same. Section 502(1) BNSS reads an offence by use of criminal force where Section 456(1) CrPC read an offence attended by criminal force, and reads by such use of force where Section 456(1) CrPC read by such force. Section 502(3) BNSS reads section 500 and section 499 where Section 456(3) CrPC read section 454 and section 453. The rest of the text is the same.

Each sub-section below names its own source.

FAQs on Section 502 BNSS

When may the Court order possession restored under Section 502(1) BNSS?▼

Under Section 502(1) BNSS, when a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such use of force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person. No such order shall be made by the Court more than one month after the date of the conviction.

May a Court of appeal, confirmation or revision make the order under Section 502(2) BNSS?▼

Under Section 502(2) BNSS, where the Court trying the offence has not made an order under Section 502(1) BNSS, the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.

Whom may the Court evict under Section 502(1) BNSS?▼

Under Section 502(1) BNSS, possession is restored after evicting by force, if necessary, any other person who may be in possession of the property.

What changed from Section 456 CrPC to Section 502 BNSS from 1 July 2024?▼

From 1 July 2024, Section 502 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 456 of the Code of Criminal Procedure, 1973. The heading is the same. Section 502(1) BNSS reads an offence by use of criminal force where Section 456(1) CrPC read an offence attended by criminal force, and reads by such use of force where Section 456(1) CrPC read by such force. Section 502(3) BNSS reads section 500 and section 499 where Section 456(3) CrPC read section 454 and section 453. Section 454 CrPC is found in Section 500 BNSS and Section 453 CrPC in Section 499 BNSS. The rest of the text is the same.

Section 502 BNSS: Sub-sections Explained

Section 502(1) BNSS: Power to restore possession of immovable property

▶

Bare Act Text

(1) When a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such use of force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property:

Provided that no such order shall be made by the Court more than one month after the date of the conviction.

Previous Law

CrPC 456 → Section 502(1) BNSS

Section 502(2) BNSS: Power to restore possession of immovable property

▶

Bare Act Text

(2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.

Previous Law

CrPC 456(2) → Section 502(2) BNSS

Section 502(3) BNSS: Power to restore possession of immovable property

▶

Bare Act Text

(3) Where an order has been made under sub-section (1), the provisions of section 500 shall apply in relation thereto as they apply in relation to an order under section 499.

Previous Law

CrPC 456(3) → Section 502(3) BNSS

Section 502(4) BNSS: Power to restore possession of immovable property

▶

Bare Act Text

(4) No order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.

Previous Law

CrPC 456(4) → Section 502(4) BNSS

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