Section 503 BNSS: Procedure by police upon seizure of property

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 503 BNSS at a Glance

Section 503 BNSS deals with procedure by police upon seizure of property. It replaced Section 457 CrPC on 1 July 2024.

Section 503 BNSS Bare Act Text

(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Sanhita, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.

(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.

Source: Section 503, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 503 BNSS in Simple Words

Section 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets out the procedure to deal with property seized by a police officer when the seizure is reported to a Magistrate under the Sanhita and the property is not produced before a Criminal Court during an inquiry or trial.

In that situation, the Magistrate may make an order as he thinks fit for disposing of the property, delivering it to the person entitled to possession, or arranging its custody and production.

When the entitled person is unknown and the property is detained, the Magistrate shall issue a proclamation inviting claims.

When Section 503 BNSS Applies

  • When a police officer reports a seizure of property under the Bharatiya Nagarik Suraksha Sanhita, 2023 and the property is not produced before a Criminal Court during an inquiry or trial, a Magistrate may make such order as he thinks fit to dispose of the property or hand it over to the person entitled to possess it.
  • If the person entitled to possess the seized property cannot be ascertained, the Magistrate may pass an order under Section 503(1) BNSS for keeping the property in custody and producing it when required.
  • Where the rightful possessor is known, the Magistrate may under Section 503(2) BNSS direct that the property be handed over to that person subject to any conditions as the Magistrate thinks fit.
  • Where the rightful possessor is unknown, the Magistrate may hold the seized property and shall issue a public proclamation listing the articles so that any person with a claim may appear before the Magistrate and prove that claim.

Time Limits Under Section 503 BNSS

  • A person who claims detained property for which the Magistrate has issued a proclamation under Section 503(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 must appear before the Magistrate and establish the claim within six months from the date of the proclamation.Act text: โ€œto appear before him and establish his claim within six months from the date of such proclamationโ€

Example of Section 503 BNSS

Inspector Vikram seizes a laptop during a police investigation and reports the seizure to a Magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023. The laptop is not produced before a Criminal Court during an inquiry or trial. Under Section 503(1) BNSS, the Magistrate may make an order as he thinks fit for its disposal, delivery, or custody. Initially, the person entitled to possess the laptop is unknown, so under Section 503(2) BNSS the Magistrate detains it and issues a proclamation specifying the article. Before six months from the date of the proclamation expire, Kavita appears before the Magistrate, establishes her claim to the laptop, and the Magistrate orders it delivered to her.

When Section 503 BNSS Does Not Apply

  • Section 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply where the property in question has not been seized by a police officer.
  • Section 503 BNSS does not apply when the seized property is produced before a Criminal Court during an inquiry or trial.

Section 503 BNSS in the CrPC (Previous Law)

Section 503 BNSS replaced Section 457 CrPC from 1 July 2024.

Section 457 of the Code of Criminal Procedure, 1973 becomes Section 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with only changes of form. The provision is renumbered from Section 457 CrPC to Section 503 BNSS, and in Section 503(1) BNSS the words this Sanhita replace the words this Code from Section 457(1) CrPC. Every substantive rule is unchanged, including the Magistrate's power to order disposal, delivery, or custody and production of seized property not produced before a Criminal Court, as well as the Section 503(2) BNSS proclamation procedure and claim deadline of six months.

Each sub-section below names its own source.

FAQs on Section 503 BNSS

When can a Magistrate pass an order regarding seized property under Section 503 BNSS?โ–ผ

A Magistrate may pass an order under Section 503(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 whenever the seizure of property by any police officer is reported to the Magistrate under the provisions of the Sanhita and the property is not produced before a Criminal Court during an inquiry or trial. The Magistrate may then make such order as he thinks fit for its disposal, delivery to the person entitled to possession, or custody and production.

What happens under Section 503 BNSS if the person entitled to possess the seized property is known?โ–ผ

If the person entitled to the possession of the seized property is known, Section 503(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Magistrate to order that the property be delivered to that person. The Magistrate may attach such conditions to the delivery as the Magistrate thinks fit, or may deliver the property without conditions if the Magistrate thinks fit.

What is the procedure under Section 503 BNSS when the person entitled to the seized property is unknown?โ–ผ

When the person entitled to possess the seized property cannot be ascertained, the Magistrate may make an order respecting its custody and production under Section 503(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under Section 503(2) BNSS, if the entitled person is unknown, the Magistrate may detain the property and shall issue a proclamation specifying the articles and requiring any claimant to appear before the Magistrate and establish a claim within six months from the date of the proclamation.

What changed from Section 457 CrPC to Section 503 BNSS from 1 July 2024?โ–ผ

Section 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024, replaces Section 457 of the Code of Criminal Procedure, 1973 with only changes of form. The section is renumbered from Section 457 CrPC to Section 503 BNSS, and the words this Code in Section 457(1) CrPC are replaced with this Sanhita in Section 503(1) BNSS. The procedure, the Magistrate's powers, the proclamation requirement, and the claim period of six months in Section 503(2) BNSS remain unchanged.

Section 503 BNSS: Sub-sections Explained

Section 503(1) BNSS: Procedure by police upon seizure of property

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Bare Act Text

(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Sanhita, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.

Previous Law

CrPC 457 โ†’ Section 503(1) BNSS

Section 503(2) BNSS: Procedure by police upon seizure of property

โ–ถ

Bare Act Text

(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.

Previous Law

CrPC 457(2) โ†’ Section 503(2) BNSS

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