Section 505 BNSS: Power to sell perishable property

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 505 BNSS at a Glance

Section 505 BNSS deals with power to sell perishable property. It replaced Section 459 CrPC on 1 July 2024.

Was CrPC

Section 459 →

Section 505 BNSS Bare Act Text

505. Power to sell perishable property

If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten thousand rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

Source: Section 505, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 505 BNSS in Simple Words

Section 505 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power to sell perishable property. The Magistrate may at any time direct property to be sold if the person entitled to the possession of the property is unknown or absent and the property is subject to speedy and natural decay.

The Magistrate may do the same if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of the property is less than ten thousand rupees. The provisions of Section 503 BNSS and Section 504 BNSS shall, as nearly as may be practicable, apply to the net proceeds of the sale.

When Section 505 BNSS Applies

  • Section 505 BNSS speaks of property where the person entitled to the possession of the property is unknown or absent and the property is subject to speedy and natural decay.
  • Section 505 BNSS also speaks of the case where the Magistrate to whom the seizure is reported is of opinion that the sale of the property would be for the benefit of the owner.
  • Section 505 BNSS also speaks of the case where the value of the property is less than ten thousand rupees. In each case, the Magistrate may at any time direct the property to be sold.
  • The provisions of Section 503 BNSS and Section 504 BNSS shall, as nearly as may be practicable, apply to the net proceeds of the sale.

Time Limits Under Section 505 BNSS

  • Section 505 BNSS provides that the Magistrate may at any time direct the property to be sold.Act text: “the Magistrate may at any time direct it to be sold”

Example of Section 505 BNSS

Police report to a Magistrate the seizure of baskets of fresh vegetables found at a bus stand. The person entitled to the possession of the vegetables is unknown, and the vegetables are subject to speedy and natural decay. Under Section 505 BNSS, the Magistrate may at any time direct the vegetables to be sold. The provisions of Section 503 BNSS and Section 504 BNSS shall, as nearly as may be practicable, apply to the net proceeds of the sale.

When Section 505 BNSS Does Not Apply

  • Section 505 BNSS speaks of the sale of property by direction of the Magistrate. It does not deal with the power to restore possession of immovable property, which Section 502 BNSS speaks of.
  • Section 505 BNSS speaks of the sale of property whose seizure is reported to the Magistrate. It does not deal with the procedure by police upon seizure of property, which Section 503 BNSS speaks of.

Section 505 BNSS in the CrPC (Previous Law)

Section 505 BNSS replaces Section 459 CrPC from the old criminal code.

Section 459 of the Code of Criminal Procedure, 1973 was replaced by Section 505 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The heading is the same. Section 505 BNSS reads ten thousand rupees where Section 459 CrPC read five hundred rupees. Section 505 BNSS refers to Section 503 BNSS and Section 504 BNSS where Section 459 CrPC referred to Section 457 CrPC and Section 458 CrPC.

View CrPC Section 459 →

FAQs on Section 505 BNSS

When may a Magistrate direct property to be sold under Section 505 BNSS?▼

Under Section 505 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate may at any time direct property to be sold if the person entitled to the possession of the property is unknown or absent and the property is subject to speedy and natural decay. The Magistrate may do the same if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of the property is less than ten thousand rupees.

What applies to the net proceeds of a sale under Section 505 BNSS?▼

Section 505 BNSS provides that the provisions of Section 503 BNSS and Section 504 BNSS shall, as nearly as may be practicable, apply to the net proceeds of the sale.

Does Section 505 BNSS state a time for directing a sale?▼

Section 505 BNSS provides that the Magistrate may at any time direct the property to be sold.

What changed from Section 459 CrPC to Section 505 BNSS from 1 July 2024?▼

From 1 July 2024, Section 505 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 459 of the Code of Criminal Procedure, 1973. It has the same heading. Section 505 BNSS reads ten thousand rupees where Section 459 CrPC read five hundred rupees. Section 505 BNSS refers to Section 503 BNSS and Section 504 BNSS where Section 459 CrPC referred to Section 457 CrPC and Section 458 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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