Bharatiya Nagarik Suraksha Sanhita

Section 504

Procedure where no claimant appears within six months

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⚡ Quick Answer Reference: Section 504 BNSS

Provision: Section 504 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: DISPOSAL OF PROPERTY
Jurisdiction: India
Summary: If no one claims a lost or found property within six months, the Magistrate can order the property to be sold and the proceeds given to the State Government. An appeal can be made to a higher court.

Statutory Content

What does Section 504 of BNSS say?

(1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as the State Government may, by rules, provide. (2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

Indian StandardSection 504, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 504 (India)

Court Pleading StandardSection 504 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).

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Section Meaning & Purpose

What does Section 504 of BNSS mean?

Plain English Explanation

If no one claims a lost or found property within six months, the Magistrate can order the property to be sold and the proceeds given to the State Government. An appeal can be made to a higher court.

Practical Interpretation

This section is applied when a person finds property but cannot prove it was legally acquired. The Magistrate's order is final unless appealed to a higher court.

Core Legal Purpose

The core purpose of this section is to provide a procedure for dealing with unclaimed property, ensuring it is managed by the State Government and its proceeds are utilized as per rules.

Key Legal Elements

•No person establishes a claim to the property within six months.
•The person in possession of the property is unable to show it was legally acquired.
•The Magistrate's order is subject to appeal to a higher court.
•The property is at the disposal of the State Government.

Practical Example

Practical Example of Section 504 BNSS

Rajesh finds a wallet containing cash and a phone. After six months, no one comes forward to claim the wallet. The Magistrate orders the wallet to be sold, and the proceeds are given to the State Government. Rajesh is unable to prove the wallet was legally acquired. An appeal can be made to a higher court if Rajesh disagrees with the Magistrate's order.

Common Questions (FAQ)

Frequently Asked Questions about Section 504 BNSS

Q: What is the punishment or consequence under Section 504 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 both private individuals and public entities, as it deals with unclaimed property found by anyone.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not classify as a criminal offence. Therefore, it is neither bailable nor cognizable.

Common Questions about Section 504 BNSS

What is Section 504 of BNSS?

Section 504 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure where no claimant appears within six months". In plain terms: If no one claims a lost or found property within six months, the Magistrate can order the property to be sold and the proceeds given to the State Government. An appeal can be made to a higher court.

What is the punishment under Section 504 of BNSS?

Section 504 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 504 of BNSS bailable or non-bailable?

Whether Section 504 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 504 of BNSS?

The essential elements of Section 504 of BNSS are: No person establishes a claim to the property within six months.; The person in possession of the property is unable to show it was legally acquired.; The Magistrate's order is subject to appeal to a higher court..

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