Section 459 CrPC: Power to sell perishable property

Code of Criminal Procedure, 1973

Section 459 CrPC at a Glance

Section 459 CrPC deals with power to sell perishable property. From 1 July 2024 it is replaced by Section 505 BNSS.

Now BNSS

Section 505 →

What Section 459 CrPC Says

459. 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 five hundred rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

Source: Section 459, Code of Criminal Procedure, 1973

Section 459 CrPC in Simple Words

Section 459 of the Code of Criminal Procedure, 1973 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 five hundred rupees. The provisions of Section 457 CrPC and Section 458 CrPC shall, as nearly as may be practicable, apply to the net proceeds of the sale.

When Section 459 CrPC Applies

  • Section 459 CrPC 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 459 CrPC 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 459 CrPC also speaks of the case where the value of the property is less than five hundred rupees. In each case, the Magistrate may at any time direct the property to be sold.
  • The provisions of Section 457 CrPC and Section 458 CrPC shall, as nearly as may be practicable, apply to the net proceeds of the sale.

Time Limits Under Section 459 CrPC

  • Section 459 CrPC 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 459 CrPC

Police report to a Magistrate the seizure of baskets of fresh mangoes found at a railway platform. The person entitled to the possession of the mangoes is unknown, and the mangoes are subject to speedy and natural decay. Under Section 459 CrPC, the Magistrate may at any time direct the mangoes to be sold. The provisions of Section 457 CrPC and Section 458 CrPC shall, as nearly as may be practicable, apply to the net proceeds of the sale.

When Section 459 CrPC Does Not Apply

  • Section 459 CrPC 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 456 CrPC speaks of.
  • Section 459 CrPC 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 457 CrPC speaks of.

Section 459 CrPC Under BNSS 505: What Changed

Section 459 CrPC is now covered under Section 505 BNSS.

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 detailed comparison (CrPC 459 vs BNSS 505) →

FAQs on Section 459 CrPC

When may a Magistrate direct property to be sold under Section 459 CrPC?▼

Under Section 459 of the Code of Criminal Procedure, 1973, 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 five hundred rupees.

What applies to the net proceeds of a sale under Section 459 CrPC?▼

Section 459 CrPC provides that the provisions of Section 457 CrPC and Section 458 CrPC shall, as nearly as may be practicable, apply to the net proceeds of the sale.

Does Section 459 CrPC state a time for directing a sale?▼

Section 459 CrPC provides that the Magistrate may at any time direct the property to be sold.

Where is Section 459 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

From 1 July 2024, Section 459 of the Code of Criminal Procedure, 1973 is found in Section 505 BNSS. Section 459 CrPC has no sub-sections, and is found as a whole in Section 505 BNSS.

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