Order for custody and disposal of property pending trial in certain cases
Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 conclus The Act came into force on 01 Jul 2024.
(1) 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.
Section 497, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 451 Order for custody and disposal of property pending trial in certaincases Close, with changes 83%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Multani Hanifbhai Kalubhai v. State of Gujarat
Decided under Code of Criminal Procedure 451, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Judgment of Main Case order-4.pdf 2013-02-01. Crl A 219/2013. Sathasivam/Khehar. DATE-CHECK flagged 2012-09-25 / 2012-08-02 / 2012-08-24 FIR and lower-court fact dates (false positive); body is the named reportable ending 'NEW DELHI; FEBRUARY 01, 2013'. s.451 application to release a seized truck; Gujarat Animal Preservation 6B(3) six-month bar does not apply to buffalo calves (not in s.5(1A)); it is of no use to keep a seized vehicle in the police station for a long period (Sunderbhai line). Sunderbhai SCIN010114492002 is ROP-only; Khengarbhai order-9 is a reserved ROP — not used.
On this section: Successor of CrPC 451 (mapping.csv close, score 0.8318). The custody-and-release / no-decay teaching carries to BNSS 497.
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Reema Firozbhai Makhani vs The Government of Gujarat
Court's Decision & Legal Precedent
Seized valuables should be released on interim basis to the rightful owner upon furnishing of a bank guarantee or solvent surety to prevent economic waste and property deterioration.
On this section: Governs the procedure for disposal and custody of property pending trial.
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Swastik Mahalaxmi Sortex Industries through Abhishek Tayal vs Madhya Pradesh State Police Station-dehat
Court's Decision & Legal Precedent
An order refusing interim custody of property is a revisable order, and where no confiscation proceedings by the Collector are pending and the applicant provides prima facie proof of ownership of perishable goods, interim custody should be granted.
On this section: Provisions for custody and disposal of property pending trial.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 497
What have the courts held on Section 497 of the Bharatiya Nagarik Suraksha Sanhita?
Multani Hanifbhai Kalubhai v. State of Gujarat (01 Feb 2013) is the leading judgment on this section among those set out below, though it was decided under CRPC 451, which this section replaced -- the court never mentioned this Act: Successor of CrPC 451 (mapping.csv close, score 0.8318). The custody-and-release / no-decay teaching carries to BNSS 497. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2013 to 2026.
How do I find court cases under Section 497 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 497, section 497 BNSS, section 497 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 497 in crpc and bnss 497 and 503 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Multani Hanifbhai Kalubhai v. State of Gujarat (01 Feb 2013).
What should I read with Section 497 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 451 (Order for custody and disposal of property pending trial in certaincases), so the judgments decided under that provision are the case law on this one.
When did Section 497 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 497 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 497, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.