Order for disposal of property at conclusion of trial
Section 498 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with order for disposal of property at conclusion of trial. When an investigation, inquiry or trial in any criminal case 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 The Act came into force on 01 Jul 2024.
(1) When an investigation, inquiry or trial in any criminal case 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 498, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 452 Order for disposal of property at conclusion of trial Text carried over almost unchanged 97%
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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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.
-
Ansal Theatres and Clubotels P. LTD vs State through Cbi through Its Director
Decided under Code of Criminal Procedure 452, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a criminal trial is concluded and the convictions are final, and compensation ordered by the court has been deposited, and all stakeholders (investigating agency, victims' representatives) have no objection to property release, the proper course for release of seized property is to file an application under Section 452 of the Criminal Procedure Code before the trial court, which is the appropriate forum to decide such matters. The High Court should not adjudicate such applications on their merits when the matter falls within the trial court's jurisdiction. Upon such application, the trial court should decide within a reasonable timeframe, bearing in mind the positions taken by the investigating agency and victim representatives.
On this section: Provides the jurisdiction and procedure for trial courts to order release of property seized during investigation or trial. Court held that Section 452 application is the proper mechanism for property release and should be filed before the trial court, not the High Court.
-
G.suma vs The State of Ap.
Decided under Code of Criminal Procedure 452, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Interim custody of seized property can be granted to a legal heir or interested party pending criminal trial, subject to: (a) preparation of detailed panchanama with photographs; (b) furnishing of adequate security through immovable property bonds; (c) execution of undertaking to produce property as and when required; (d) undertaking that photographs and panchanama may be marked as evidence if property cannot be produced at trial; and (e) compliance with other terms and conditions imposed by the Court. The property remains under custodia legis and Court's control, and the owner should not suffer merely because the property is seized as evidence in a criminal case.
On this section: Final disposal of property irrespective of interim custody under Section 451, pending trial after property is brought before Court
-
Vilas Bhai vs State& ANR.
Decided under Code of Criminal Procedure 452, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The appellate court's power to remand a matter to the trial court is implicit in the wide powers conferred under Section 454(2) of the Criminal Procedure Code to 'modify, alter or annul the order and make any further orders that may be just.' This power applies to appeals filed by persons aggrieved by orders under Section 452 or 453, and is not restricted by the limitations of Section 386, which applies only to appeals by the Public Prosecutor or accused persons. When there are rival claims to recovered property, the appellate court may remand the matter to the trial court to decide the ownership after hearing all parties.
On this section: Referenced as one of the sections under which trial court orders can be made, against which appeals lie under Section 454.
-
Dalpat Bhai vs State& ANR.
Decided under Code of Criminal Procedure 452, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The power of an appellate court under Section 454(2) of the Criminal Procedure Code to 'modify, alter or annul the order and make any further orders that may be just' includes the inherent power to remand a case to the trial court for fresh adjudication, even though the word 'remand' is not explicitly mentioned in Section 454. This power applies to appeals filed by any person aggrieved by an order under Section 452 or 453 Cr.P.C., and is not restricted by Section 386 Cr.P.C., which applies only to appeals by the Public Prosecutor or accused persons. When there are rival claims to seized property, the appellate court may remand the matter to the trial court to properly adjudicate the competing claims after hearing all interested parties.
On this section: Cited as the provision under which trial courts pass orders regarding seized property and disposal thereof.
-
Tata Motors Finance LTD vs Ramji Lal Swami
Decided under Code of Criminal Procedure 452, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The High Court, exercising its supervisory jurisdiction under Section 482 CrPC, can direct subordinate courts to expeditiously dispose of pending applications, particularly when such applications have been pending for an unreasonably long period, by setting a specific timeframe for disposal to ensure judicial efficiency and prevent indefinite delays.
On this section: Relates to the subject matter of the pending application in the subordinate court; the High Court sought expeditious disposal of this application
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 498
What have the courts held on Section 498 of the Bharatiya Nagarik Suraksha Sanhita?
Ansal Theatres and Clubotels P. LTD vs State through Cbi through Its Director (27 Apr 2023) is the leading judgment on this section among those set out below, though it was decided under CRPC 452, which this section replaced -- the court never mentioned this Act: Provides the jurisdiction and procedure for trial courts to order release of property seized during investigation or trial. Court held that Section 452 application is the proper mechanism for property release and should be filed before the trial court, not the High Court. Another 4 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2011 to 2023.
How do I find court cases under Section 498 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 498, section 498 BNSS, section 498 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 498a in hindi and 498 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with Ansal Theatres and Clubotels P. LTD vs State through Cbi through Its Director (27 Apr 2023).
What should I read with Section 498 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 503 (Procedure by police upon seizure of property), section 504 (Procedure where no claimant appears within six months), section 505 (Power to sell perishable property), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. It carries forward CrPC 452 (Order for disposal of property at conclusion of trial), so the judgments decided under that provision are the case law on this one.
When did Section 498 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 498 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 498, 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.