Section 504 BNSS: Procedure where no claimant appears within six months

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 504 BNSS at a Glance

Section 504 BNSS deals with procedure where no claimant appears within six months. It replaced Section 458 CrPC on 1 July 2024.

Section 504 BNSS Bare Act Text

(1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as the State Government may, by rules, provide.

(2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

Source: Section 504, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 504 BNSS in Simple Words

Section 504 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with property for which no person within such period establishes his claim, where the person in whose possession it was found is unable to show that it was legally acquired by him. The Magistrate may by order direct that the property shall be at the disposal of the State Government.

That Government may sell the property, and the proceeds of the sale shall be dealt with in such manner as the State Government may, by rules, provide. An appeal shall lie against the order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

When Section 504 BNSS Applies

  • Section 504(1) BNSS speaks of property for which no person within such period establishes a claim, and where the person in whose possession it was found is unable to show that it was legally acquired by him.
  • In that case, the Magistrate may by order direct that the property shall be at the disposal of the State Government.
  • The property may be sold by the State Government, and the proceeds of the sale shall be dealt with in such manner as the State Government may, by rules, provide.
  • Under Section 504(2) BNSS, an appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

Time Limits Under Section 504 BNSS

  • The heading of Section 504 BNSS refers to six months, and Section 504(1) BNSS speaks of a claim established within such period.Act text: โ€œIf no person within such period establishes his claim to such propertyโ€

Example of Section 504 BNSS

Property is found in the possession of Suresh and comes before a Magistrate. No person establishes a claim to the property within six months, and Suresh is unable to show that the property was legally acquired by Suresh. Under Section 504(1) BNSS, the Magistrate may by order direct that the property shall be at the disposal of the State Government. That Government may sell the property, and the proceeds of the sale shall be dealt with in such manner as the State Government may, by rules, provide. Under Section 504(2) BNSS, an appeal shall lie against the order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

When Section 504 BNSS Does Not Apply

  • Section 504 BNSS speaks of an order of the Magistrate where no claimant appears within six months. It does not deal with the procedure by police upon seizure of property, which Section 503 BNSS speaks of.
  • Section 504 BNSS speaks of property placed at the disposal of the State Government by order. It does not deal with the power to sell perishable property, which Section 505 BNSS speaks of.

Section 504 BNSS in the CrPC (Previous Law)

Section 504 BNSS replaced Section 458 CrPC from 1 July 2024.

Section 458 of the Code of Criminal Procedure, 1973 was replaced by Section 504 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The heading is the same. Section 504(1) BNSS reads dealt with in such manner as the State Government may, by rules, provide where Section 458(1) CrPC read dealt with in such manner as may be prescribed. Section 504(2) BNSS is in the same words as Section 458(2) CrPC.

Each sub-section below names its own source.

FAQs on Section 504 BNSS

When may a Magistrate direct that property shall be at the disposal of the State Government under Section 504 BNSS?โ–ผ

Under Section 504(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate may by order give that direction if no person within such period establishes his claim to the property, and if the person in whose possession it was found is unable to show that it was legally acquired by him.

How are the proceeds of a sale dealt with under Section 504 BNSS?โ–ผ

Section 504(1) BNSS provides that the property may be sold by the State Government, and that the proceeds of the sale shall be dealt with in such manner as the State Government may, by rules, provide.

Which Court hears an appeal against an order under Section 504 BNSS?โ–ผ

Section 504(2) BNSS provides that an appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

What changed from Section 458 CrPC to Section 504 BNSS from 1 July 2024?โ–ผ

From 1 July 2024, Section 504 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 458 of the Code of Criminal Procedure, 1973. It has the same heading. Section 504(1) BNSS reads dealt with in such manner as the State Government may, by rules, provide where Section 458(1) CrPC read dealt with in such manner as may be prescribed. Section 504(2) BNSS is in the same words as Section 458(2) CrPC.

Section 504 BNSS: Sub-sections Explained

Section 504(1) BNSS: Procedure where no claimant appears within six months

โ–ถ

Bare Act Text

(1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as the State Government may, by rules, provide.

Previous Law

CrPC 458 โ†’ Section 504(1) BNSS

Section 504(2) BNSS: Procedure where no claimant appears within six months

โ–ถ

Bare Act Text

(2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

Previous Law

CrPC 458(2) โ†’ Section 504(2) BNSS

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