(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.
Bharatiya Nagarik Suraksha Sanhita
Section 498
Order for disposal of property at conclusion of trial
⚡ Quick Answer Reference: Section 498 BNSS
- Provision: Section 498 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: DISPOSAL OF PROPERTY
- Jurisdiction: India
- Summary: This section allows a court to decide what to do with property or documents involved in a criminal case after it's finished, such as destroying, keeping, or giving them back to someone.
What does Section 498 of BNSS say?
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What does Section 498 of BNSS mean?
Plain English Explanation
This section allows a court to decide what to do with property or documents involved in a criminal case after it's finished, such as destroying, keeping, or giving them back to someone.
Practical Interpretation
In practice, this section gives courts flexibility in handling case-related property, ensuring it's dealt with appropriately after a trial concludes, considering factors like preservation of evidence or return to rightful owners.
Core Legal Purpose
The core purpose is to provide a legal framework for the disposal of property and documents after a criminal case, ensuring that justice is served and the law is upheld by appropriately managing items related to the case.
- •The conclusion of an investigation, inquiry, or trial in a criminal case.
- •The property or document must have been produced before the court, in its custody, or related to an offence.
- •The court's decision must be based on what it thinks is fit for the disposal of the property.
- •Exceptions include property that is livestock or subject to speedy and natural decay.
Practical Example of Section 498 BNSS
For example, after a trial concludes where Rajesh was accused of theft, the court decides what to do with the stolen goods that were recovered. If the goods are perishable, like food items, the court might order their immediate disposal. However, if the goods are durable, like a watch, the court could order them returned to their rightful owner, Priya, or kept as evidence if there's an appeal.
Frequently Asked Questions about Section 498 BNSS
Q: What is the punishment or consequence under Section 498 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to any property or document involved in a criminal case, regardless of whether it belongs to a private individual or a public entity.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences but rather with the disposal of property after a trial, so it is neither bailable nor cognizable in the context of defining an offence.
Common Questions about Section 498 BNSS
What is Section 498 of BNSS?
Section 498 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Order for disposal of property at conclusion of trial". In plain terms: This section allows a court to decide what to do with property or documents involved in a criminal case after it's finished, such as destroying, keeping, or giving them back to someone.
What is the punishment under Section 498 of BNSS?
Section 498 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 498 of BNSS bailable or non-bailable?
Whether Section 498 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 498 of BNSS?
The essential elements of Section 498 of BNSS are: The conclusion of an investigation, inquiry, or trial in a criminal case.; The property or document must have been produced before the court, in its custody, or related to an offence.; The court's decision must be based on what it thinks is fit for the disposal of the property..
Landmark Judgments under Section 498 BNSS
Sections commonly cited alongside Section 498
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