Power to sell perishable property
Section 505 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 t The Act came into force on 01 Jul 2024.
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.
Section 505, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 459 Power to sell perishable property Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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.
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G.suma vs The State of Ap.
Decided under Code of Criminal Procedure 459, 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: Immediate disposal of perishable property
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Tata Motors Finance LTD vs Ramji Lal Swami
Decided under Code of Criminal Procedure 459, 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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… MAHIMA MERINE REJI(K/002794/2024) THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 ORDER The petitioner filed an application as C.M.P. No. 3213/2024 under Section 505 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) before the Judicial First Class Magistrate Court – VIII, Ernakulam to defreeze his account. It was dismissed as per the order dated 19.08.2024. This Criminal Revision Petition has been filed challenging the said order. 2. The learned Public Prosecutor, on …
Questions about Section 505
What have the courts held on Section 505 of the Bharatiya Nagarik Suraksha Sanhita?
G.suma vs The State of Ap. (22 Jul 2014) is the leading judgment on this section among those set out below, though it was decided under CRPC 459, which this section replaced -- the court never mentioned this Act: Immediate disposal of perishable property. Another 1 judgment on this section is set out below. They run from 2014 to 2015.
How do I find court cases under Section 505 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 505, section 505 BNSS, section 505 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 505 section and bns 505 2. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with G.suma vs The State of Ap. (22 Jul 2014).
What should I read with Section 505 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), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. It carries forward CrPC 459 (Power to sell perishable property), so the judgments decided under that provision are the case law on this one.
When did Section 505 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 505 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 505, 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 15 Oct 2026. This page is not a substitute for legal advice.