Section 457 CrPC: Procedure by police upon seizure of property

Code of Criminal Procedure, 1973

Section 457 CrPC at a Glance

Section 457 CrPC deals with procedure by police upon seizure of property. From 1 July 2024 it is replaced by Section 503 BNSS.

Now BNSS

Section 503 →

What Section 457 CrPC Says

457. Procedure by police upon seizure of property
(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, 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 457, Code of Criminal Procedure, 1973

Section 457 CrPC in Simple Words

Section 457 of the Code of Criminal Procedure, 1973 provides a mechanism to deal with property seized by a police officer when the seizure is reported to a Magistrate under the Code 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 457 CrPC Applies

When a police officer reports a seizure of property under the Code of Criminal Procedure, 1973 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 457(1) CrPC for keeping the property in custody and producing it when needed.
Where the rightful possessor is known, the Magistrate may under Section 457(2) CrPC 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 457 CrPC

A person who claims detained property for which the Magistrate has issued a proclamation under Section 457(2) of the Code of Criminal Procedure, 1973 must appear before the Magistrate and establish the claim within six months from the date of the proclamation.Act text: “to appear before him and establish his claim within six months from the date of such proclamation”

Example of Section 457 CrPC

Inspector Rajesh seizes a bicycle during a police investigation and reports the seizure to a Magistrate under the Code of Criminal Procedure, 1973. The bicycle is not produced before a Criminal Court during an inquiry or trial. Under Section 457(1) CrPC, the Magistrate may make an order as he thinks fit for its disposal, delivery, or custody. Initially, the person entitled to possess the bicycle is unknown, so under Section 457(2) CrPC the Magistrate detains it and issues a proclamation specifying the article. Before six months from the date of the proclamation expire, Meena appears before the Magistrate, establishes her claim to the bicycle, and the Magistrate orders it delivered to her.

When Section 457 CrPC Does Not Apply

Section 457 of the Code of Criminal Procedure, 1973 does not apply where the property in question has not been seized by a police officer.
Section 457 CrPC does not apply when the seized property is produced before a Criminal Court during an inquiry or trial.

Section 457 CrPC Under BNSS 503: What Changed

Section 457 CrPC is now covered under Section 503 BNSS.

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.

View detailed comparison (CrPC 457 vs BNSS 503) →

FAQs on Section 457 CrPC

When can a Magistrate pass an order regarding seized property under Section 457 CrPC?▼

A Magistrate may pass an order under Section 457(1) of the Code of Criminal Procedure, 1973 whenever the seizure of property by any police officer is reported to the Magistrate under the provisions of the Code 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 457 CrPC if the person entitled to possess the seized property is known?▼

If the person entitled to the possession of the seized property is known, Section 457(2) of the Code of Criminal Procedure, 1973 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 457 CrPC when the person entitled to the seized property is unknown?▼

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 457(1) of the Code of Criminal Procedure, 1973. Under Section 457(2) CrPC, 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.

Where is Section 457 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, Section 457(1) CrPC is found in Section 503(1) BNSS and Section 457(2) CrPC is found in Section 503(2) BNSS, with the same procedure by police upon seizure of property.

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