Section 458 CrPC: Procedure where no claimant appears within six months

Code of Criminal Procedure, 1973

Section 458 CrPC at a Glance

Section 458 CrPC deals with procedure where no claimant appears within six months. From 1 July 2024 it is replaced by Section 504 BNSS.

Now BNSS

Section 504 →

What Section 458 CrPC Says

458. Procedure where no claimant appears within six months

(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 may be prescribed.

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

Source: Section 458, Code of Criminal Procedure, 1973

Section 458 CrPC in Simple Words

Section 458 of the Code of Criminal Procedure, 1973 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 may be prescribed. An appeal shall lie against the order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

When Section 458 CrPC Applies

  • Section 458(1) CrPC 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 may be prescribed.
  • Under Section 458(2) CrPC, 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 458 CrPC

  • The heading of Section 458 CrPC refers to six months, and Section 458(1) CrPC speaks of a claim established within such period.Act text: “If no person within such period establishes his claim to such property”

Example of Section 458 CrPC

Property is found in the possession of Ramesh and comes before a Magistrate. No person establishes a claim to the property within six months, and Ramesh is unable to show that the property was legally acquired by Ramesh. Under Section 458(1) CrPC, 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 may be prescribed. Under Section 458(2) CrPC, an appeal shall lie against the order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

When Section 458 CrPC Does Not Apply

  • Section 458 CrPC 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 457 CrPC speaks of.
  • Section 458 CrPC 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 459 CrPC speaks of.

Section 458 CrPC Under BNSS 504: What Changed

Section 458 CrPC is now covered under Section 504 BNSS.

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.

View detailed comparison (CrPC 458 vs BNSS 504) →

FAQs on Section 458 CrPC

When may a Magistrate direct that property shall be at the disposal of the State Government under Section 458 CrPC?▼

Under Section 458(1) of the Code of Criminal Procedure, 1973, 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.

What happens to the property after an order under Section 458(1) CrPC?▼

Section 458(1) CrPC 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 may be prescribed.

Can an order under Section 458 CrPC be appealed?▼

Section 458(2) CrPC provides that an appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

Where is Section 458 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

From 1 July 2024, Section 458 of the Code of Criminal Procedure, 1973 is found in Section 504 BNSS. Section 458(1) CrPC is found in Section 504(1) BNSS and Section 458(2) CrPC in Section 504(2) BNSS.

Have questions about Section 458 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

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

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