Bharatiya Nagarik Suraksha Sanhita

Section 505

Power to sell perishable property

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⚡ Quick Answer Reference: Section 505 BNSS

Provision: Section 505 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: DISPOSAL OF PROPERTY
Jurisdiction: India
Summary: If the owner of a perishable item is unknown or can't be found, or if the item is likely to spoil quickly, a Magistrate can decide to sell it. This is to prevent the item from going bad and to benefit the owner if possible. The sale proceeds will be handled according to other sections of the law.

Statutory Content

What does Section 505 of BNSS say?

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.

Indian StandardSection 505, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 505 (India)

Court Pleading StandardSection 505 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 505 of BNSS mean?

Plain English Explanation

If the owner of a perishable item is unknown or can't be found, or if the item is likely to spoil quickly, a Magistrate can decide to sell it. This is to prevent the item from going bad and to benefit the owner if possible. The sale proceeds will be handled according to other sections of the law.

Practical Interpretation

In real-life practice, this section is applied when a perishable item is seized by the authorities and its owner is not known or cannot be located. The Magistrate will consider the item's condition and value before deciding to sell it. The sale proceeds will then be distributed according to the law.

Core Legal Purpose

The core purpose of this section is to provide a Magistrate with the authority to sell perishable items that are at risk of decay or have a low value. This is to prevent loss to the owner and to ensure that the item is sold in a way that benefits the owner.

Key Legal Elements

•The property is perishable and subject to speedy and natural decay.
•The person entitled to the possession of the property is unknown or absent.
•The value of the property is less than ten thousand rupees.
•The Magistrate is of the opinion that the sale would be for the benefit of the owner.

Practical Example

Practical Example of Section 505 BNSS

Rajesh, a fruit vendor, is arrested for selling substandard fruits. The police seize his stock, but Rajesh is unable to be contacted. The Magistrate is informed of the seizure and decides to sell the perishable fruits to prevent them from spoiling. The sale proceeds are then distributed according to the law.

Common Questions (FAQ)

Frequently Asked Questions about Section 505 BNSS

Q: What is the punishment or consequence under Section 505 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 the sale of perishable property seized by the authorities.

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

This section is a procedural provision and does not deal with criminal offenses. Therefore, it is neither bailable nor cognizable.

Common Questions about Section 505 BNSS

What is Section 505 of BNSS?

Section 505 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to sell perishable property". In plain terms: If the owner of a perishable item is unknown or can't be found, or if the item is likely to spoil quickly, a Magistrate can decide to sell it. This is to prevent the item from going bad and to benefit the owner if possible. The sale proceeds will be handled according to other sections of the law.

What is the punishment under Section 505 of BNSS?

Section 505 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 505 of BNSS bailable or non-bailable?

Whether Section 505 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 505 of BNSS?

The essential elements of Section 505 of BNSS are: The property is perishable and subject to speedy and natural decay.; The person entitled to the possession of the property is unknown or absent.; The value of the property is less than ten thousand rupees..

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