(1) When a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such use of force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property: Provided that no such order shall be made by the Court more than one month after the date of the conviction. (2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be. (3) Where an order has been made under sub-section (1), the provisions of section 500 shall apply in relation thereto as they apply in relation to an order under section 499. (4) No order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.
Bharatiya Nagarik Suraksha Sanhita
Section 502
Power to restore possession of immovable property
⚡ Quick Answer Reference: Section 502 BNSS
- Provision: Section 502 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: DISPOSAL OF PROPERTY
- Jurisdiction: India
- Summary: This section allows a court to restore possession of immovable property to a person who was dispossessed due to criminal force, show of force, or intimidation, after the offender is convicted.
What does Section 502 of BNSS say?
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What does Section 502 of BNSS mean?
Plain English Explanation
This section allows a court to restore possession of immovable property to a person who was dispossessed due to criminal force, show of force, or intimidation, after the offender is convicted.
Practical Interpretation
In practice, this section provides a legal remedy for victims of dispossession by force or intimidation, enabling them to regain possession of their property through a court order.
Core Legal Purpose
The core purpose is to provide a judicial remedy for restoring possession of immovable property to rightful owners who were dispossessed through illegal means.
- •A person must be convicted of an offence involving criminal force, show of force, or intimidation.
- •The court must find that the offence led to the dispossession of immovable property.
- •The court has discretion to order restoration of possession if it thinks fit.
- •No order can be made more than one month after the date of conviction.
Practical Example of Section 502 BNSS
Rajesh was convicted of using criminal force to dispossess Priya of her ancestral home. The court, under Section 502, ordered the restoration of possession of the home to Priya, allowing her to regain her property after being illegally evicted by Rajesh.
Frequently Asked Questions about Section 502 BNSS
Q: What is the punishment or consequence under Section 502 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the restoration of possession of immovable property.
Q: Does this section apply to private individuals or public entities?
This section applies to cases where any person has been dispossessed of immovable property due to criminal force, show of force, or intimidation, regardless of whether the offender is a private individual or a public entity.
Q: Is an offence under this section bailable or cognizable?
The section does not specify the bailability or cognizability of the offence. It focuses on the procedural aspect of restoring possession of immovable property after a conviction.
Common Questions about Section 502 BNSS
What is Section 502 of BNSS?
Section 502 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to restore possession of immovable property". In plain terms: This section allows a court to restore possession of immovable property to a person who was dispossessed due to criminal force, show of force, or intimidation, after the offender is convicted.
What is the punishment under Section 502 of BNSS?
Section 502 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 502 of BNSS bailable or non-bailable?
Whether Section 502 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 502 of BNSS?
The essential elements of Section 502 of BNSS are: A person must be convicted of an offence involving criminal force, show of force, or intimidation.; The court must find that the offence led to the dispossession of immovable property.; The court has discretion to order restoration of possession if it thinks fit..
Landmark Judgments under Section 502 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 502
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