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Bare Act: Section 493 to Section 514 of The Bharatiya Nagarik Suraksha Sanhita (BNSS)

Updated: Mar 2


Section 493 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Procedure in case of insolvency or death of surety or when a bond is forfeited.


When any surety to a bail bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the provisions of section 491, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.


Section 494 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Bond required from child.


When the person required by any Court, or officer to execute a bond is a child, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only.


Section 495 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Appeal from orders under section 491.


All orders passed under section 491 shall be appealable,—

(i) in the case of an order made by a Magistrate, to the Sessions Judge;

(ii) in the case of an order made by a Court of Session, to the Court to which an appeal lies from an order made by such Court.


Section 496 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Power to direct levy of amount due on certain recognizances.


The High Court or Court of Sessions may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Court of Session.


CHAPTER XXXVI

DISPOSAL OF PROPERTY


Section 497 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Order for custody and disposal of property pending trial in certain cases.


When any property is produced before any Criminal Court or the Magistrate empowered to take cognizance or commit the case for trial during any investigation, inquiry or trial, the Court or the Magistrate may make such order as it thinks fit for the proper custody of such property pending the conclusion of the investigation, inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court or the Magistrate may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.


Explanation.—For the purposes of this section, "property" includes—

(a) property of any kind or document which is produced before the Court or

which is in its custody;

(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.


(2) The Court or the Magistrate shall, within a period of fourteen days from the production of the property referred to in sub-section (1) before it, prepare a statement of such property containing its description in such form and manner as the State Government may, by rules, provide.


(3) The Court or the Magistrate shall cause to be taken the photograph and if necessary, videograph on mobile phone or any electronic media, of the property referred to in sub-section (1).


(4) The statement prepared under sub-section (2) and the photograph or the videography taken under sub-section (3) shall be used as evidence in any inquiry, trial or other proceeding under the Sanhita.


(5) The Court or the Magistrate shall, within a period of thirty days after the statement has been prepared under sub-section (2) and the photograph or the videography has been taken under sub-section (3), order the disposal, destruction, confiscation or delivery of the property in the manner specified hereinafter.


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Section 498 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Order for disposal of property at conclusion of trial.


(1) When an investigation, inquiry or trial in any Criminal Court is concluded, the Court or the Magistrate may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.


(2) An order may be made under sub-section (1) for the delivery of any property to

any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without securities, to the satisfaction of the Court or the Magistrate, engaging to restore such property to the Court if the order made under sub-section (1) is modified or set aside on appeal or revision.


(3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 503, 504 and 505.


(4) Except where the property is livestock or is subject to speedy and natural decay,

or where a bond has been executed in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of.


(5) In this section, the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.


Section 499 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


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 within six months from the date of such order.


Section 500 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Appeal against orders under section 498 or section 499.


(1) Any person aggrieved by an order made by a Court or Magistrate under section 498 or section 499, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.


(2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.


(3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made.


Section 501 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Destruction of libellous and other matter.


(1) On a conviction under section 294, section 295, section 356 of the Bhartiya Nyaya Sanhita, 2023, the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted.


(2) The Court may, in like manner, on a conviction under section 274, section 275, section 276 or section 277 of the Bharatiya Nyaya Sanhita, 2023, order the food, drink, drug or medical preparation in respect of which the conviction was had, to be destroyed.


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Section 502 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Power to restore possession of immovable property.


(1) When a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such use of force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property:


Provided that no such order shall be made by the Court more than one month after the date of the conviction.


(2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.


(3) Where an order has been made under sub-section (1), the provisions of section 500 shall apply in relation thereto as they apply in relation to an order under section 499.


(4) No order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.


Section 503 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


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 Sanhita, 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.


Section 504 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


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 the State Government may, by rules, provide.


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


Section 505 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


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.


CHAPTER XXXVII IRREGULAR PROCEEDINGS


Section 506 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


If any Magistrate not empowered by law to do any of the following things, namely:—


(a) to issue a search-warrant under section 97;


(b) to order, under section 174, the police to investigate an offence;


(c) to hold an inquest under section 196;


(d) to issue process under section 207, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;


(e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 210;


(f) to make over a case under sub-section (2) of section 212; (g) to tender a pardon under section 343;


(h) to recall a case and try it himself under section 450; or (i) to sell property under section 504 or section 505,


erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.


Section 507 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Irregularities which vitiate proceedings.


If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely:—


(a) attaches and sells property under section 85;

(b) issues a search-warrant for a document, parcel or other things in the custody

of a postal or telegraph authority;

(c) demands security to keep the peace;

(d) demands security for good behaviour;

(e) discharges a person lawfully bound to be of good behaviour;

(f) cancels a bond to keep the peace;

(g) makes an order for maintenance;

(h) makes an order under section 152 as to a local nuisance;

(i) prohibits, under section 162, the repetition or continuance of a public nuisance;

(j) makes an order under Part C or Part D of Chapter XI;

(k) takes cognizance of an offence under clause (c) of sub-section (1) of

section 210;

(l) tries an offender;

(m) tries an offender summarily;

(n) passes a sentence, under section 364, on proceedings recorded by another

Magistrate;

(o) decides an appeal;

(p) calls, under section 438, for proceedings; or

(q) revises an order passed under section 491,

his proceedings shall be void.


Section 508 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Proceedings in wrong place.


No finding, sentence or order of any Criminal Court shall be set aside merely on

the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice.


Section 509 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Noncompliance with provisions of section 183 or section 316.


(1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 183 or section 316, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in section 94 of the Bharatiya Sakshya Adiniyam 2023, take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement.


(2) The provisions of this section apply to Courts of appeal, reference and revision.


Section 510 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Effect of omission to frame, or absence of, or error in, charge.


(1) No finding, sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby.


(2) If the Court of appeal, confirmation or revision, is of opinion that a failure of justice has in fact been occasioned, it may,—

(a) in the case of an omission to frame a charge, order that a charge be framed, and that the trial be recommenced from the point immediately after the framing of the charge;

(b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit:


Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.


Section 511 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Finding or sentence when reversible by reason of error, omission or irregularity.


(1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation of revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Sanhita, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby.


(2) In determining whether any error, omission or irregularity in any proceeding under this Sanhita, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.


Section 512 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Defect or error not to make attachment unlawful.


No attachment made under this Sanhita shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto.


CHAPTER XXXVIII

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES


Section 513 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Definitions


For the purposes of this Chapter, unless the context otherwise requires, "period of limitation" means the period specified in section 514 for taking cognizance of an offence.


Section 514 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Bar to taking cognizance after lapse of period of limitation.


(1) Except as otherwise provided in this Sanhita, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of

limitation.


(2) The period of limitation shall be—

(a) six months, if the offence is punishable with fine only;

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.


(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.


Explanation.—For the purpose of computing the period of limitation, the relevant date shall be the date of filing complaint under section 223 or the date of recording of information under section 173.





Links to important chapters of Bharatiya Nagarik Suraksha Sanhita (BNSS):


Section 30 to Section 40 of BNSS (Provisions relating to Arrest starting from Section 35):




Section 144-163 (Section 144,145,146 and 147 relate maintenance proceedings):



Section 173-Section 187 (including section 173 relating to FIR):



Section 188 to Section 209 (including section 193 relating to chargesheet/police report):



Section 210 to Section 222 (including provisions relating to cognizance):



Section 473 to Section 492) (Including Section 480, Section 481, Section 482, Section 483, Section 484, Section 485 that is, provisions relating to bail):


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