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.
Bharatiya Nagarik Suraksha Sanhita
Section 499
Payment to innocent purchaser of money found on accused
Englishहिंदी
⚡ Quick Answer Reference: Section 499 BNSS
- Provision: Section 499 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: DISPOSAL OF PROPERTY
- Jurisdiction: India
- Summary: This section allows a court to order the return of money to an innocent buyer who purchased stolen property without knowing it was stolen, from the money found on the convicted person.
Statutory Content
What does Section 499 of BNSS say?
Indian StandardSection 499, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 499 (India)
Court Pleading StandardSection 499 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/499
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 499 of BNSS mean?
Plain English Explanation
This section allows a court to order the return of money to an innocent buyer who purchased stolen property without knowing it was stolen, from the money found on the convicted person.
Practical Interpretation
In practice, this section provides a mechanism for innocent purchasers to recover their losses when they unknowingly buy stolen goods, by allowing them to claim the purchase price from the money seized from the offender.
Core Legal Purpose
The core purpose of this section is to provide restitution to innocent buyers who have unknowingly purchased stolen property, ensuring they are not unfairly penalized for their lack of knowledge.
Key Legal Elements
- •The accused must be convicted of an offence involving theft or receiving stolen property.
- •The purchaser must have bought the stolen property without knowing or having reason to believe it was stolen.
- •The court must be satisfied that the purchaser is innocent and that the stolen property has been restituted to its rightful owner.
- •The amount to be returned to the purchaser cannot exceed the price they paid for the stolen property.
Practical Example
Practical Example of Section 499 BNSS
For example, if Rajesh buys a stolen laptop from Amit without knowing it was stolen, and Amit is later convicted of theft, Rajesh can apply to the court to recover the purchase price from the money seized from Amit, provided the laptop is returned to its rightful owner, Priya.
Common Questions (FAQ)
Frequently Asked Questions about Section 499 BNSS
Q: What is the punishment or consequence under Section 499 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It provides a mechanism for restitution to innocent buyers.
Q: Does this section apply to private individuals or public entities?
This section applies to any person who has purchased stolen property without knowing it was stolen, which can include both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of an offence as bailable or cognizable, as it is focused on providing restitution to innocent buyers.
People Also Ask (PAA)
Common Questions about Section 499 BNSS
What is Section 499 of BNSS?
Section 499 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Payment to innocent purchaser of money found on accused". In plain terms: This section allows a court to order the return of money to an innocent buyer who purchased stolen property without knowing it was stolen, from the money found on the convicted person.
What is the punishment under Section 499 of BNSS?
Section 499 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 499 of BNSS bailable or non-bailable?
Whether Section 499 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 499 of BNSS?
The essential elements of Section 499 of BNSS are: The accused must be convicted of an offence involving theft or receiving stolen property.; The purchaser must have bought the stolen property without knowing or having reason to believe it was stolen.; The court must be satisfied that the purchaser is innocent and that the stolen property has been restituted to its rightful owner..
Landmark Case Laws
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