Section 453 CrPC: Payment to innocent purchaser of money found on accused

Code of Criminal Procedure, 1973

Section 453 CrPC at a Glance

Section 453 CrPC deals with payment to innocent purchaser of money found on accused. From 1 July 2024 it is replaced by Section 499 BNSS.

Now BNSS

Section 499 →

What Section 453 CrPC Says

453. Payment to innocent purchaser of money found on accused

When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him.

Source: Section 453, Code of Criminal Procedure, 1973

Section 453 CrPC in Simple Words

Section 453 of the Code of Criminal Procedure, 1973 is headed Payment to innocent purchaser of money found on accused.

It applies when any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person.

The Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him.

When Section 453 CrPC Applies

  • Section 453 CrPC applies when any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property.
  • It must be proved that any other person bought the stolen property from the convicted person without knowing or having reason to believe that the same was stolen.
  • It must also be proved that any money has on his arrest been taken out of the possession of the convicted person.
  • The Court may act on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof.
  • The order is that out of such money a sum not exceeding the price paid by such purchaser be delivered to him.

Example of Section 453 CrPC

Rajan is convicted of theft of a gold necklace. Vivek bought the necklace from Rajan without knowing or having reason to believe that the necklace was stolen, and it is proved that money has on the arrest of Rajan been taken out of the possession of Rajan. The necklace is restored to Meera, and Vivek applies to the Court. Under Section 453 CrPC, the Court may order that out of such money a sum not exceeding the price paid by Vivek be delivered to Vivek.

When Section 453 CrPC Does Not Apply

  • Section 453 CrPC speaks of payment to a purchaser out of money found on the convicted person. It does not deal with the disposal of property at the conclusion of a trial, which is the subject of Section 452 CrPC.
  • Section 453 CrPC speaks of the restitution of stolen property to the person entitled to the possession thereof. It does not deal with the power to restore possession of immovable property, which is the subject of Section 456 CrPC.

Section 453 CrPC Under BNSS 499: What Changed

Section 453 CrPC is now covered under Section 499 BNSS.

From 1 July 2024, Section 499 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 453 of the Code of Criminal Procedure, 1973. The heading is the same. Section 499 BNSS adds the words within six months from the date of such order after be delivered to him, and Section 453 CrPC has no counterpart to those words. The rest of the text is the same.

View detailed comparison (CrPC 453 vs BNSS 499) →

FAQs on Section 453 CrPC

When does Section 453 CrPC apply?▼

Section 453 CrPC applies when any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person.

What order may the Court make under Section 453 CrPC?▼

Under Section 453 CrPC, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him.

Does Section 453 CrPC state a time for delivery of the sum?▼

Section 453 CrPC does not state a time for delivery of the sum.

Where is Section 453 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 453 CrPC has no sub-sections, and maps as a whole to Section 499 BNSS. Section 499 BNSS has the same heading. Section 452 CrPC is found in Section 498 BNSS and Section 456 CrPC in Section 502 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·