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Petition to Release Accident Vehicle from Police Custody under Section 497 BNSS

Updated sample application and supporting affidavit for seeking interim custody or delivery of a motor vehicle seized by police in connection with a road accident or criminal case.

Updated: 1 September 2026

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been in force from 1 July 2024. Section 497 now deals with custody and disposal of property pending investigation, inquiry or trial. It broadly occupies the field formerly covered by Section 451 of the Code of Criminal Procedure, 1973.

Section 497 BNSS: Custody and Disposal of Seized Property

When property is produced before a Criminal Court or a Magistrate empowered to take cognizance or commit the case for trial during an investigation, inquiry or trial, Section 497 BNSS empowers the Court or Magistrate to make an appropriate order for its proper custody pending conclusion of the proceeding. A motor vehicle seized in connection with an offence can fall within the statutory concept of property.

The provision also introduces a structured evidentiary process. The Court or Magistrate is to prepare a statement describing the property within the statutory period, cause photographs and, where necessary, videography to be taken, and use that material as evidence. After the prescribed steps are completed, Section 497 further provides for an order concerning disposal, destruction, confiscation or delivery of the property within the stated statutory period.

India Code - BNSS, 2023 BPR&D - BNSS Text NCRB - BNSS Chapters

Accident Vehicle Seized by Police

Road accidents can range from incidents involving property damage to accidents causing bodily injury or death. The criminal provisions attracted depend on the actual manner of driving, the injury caused, the evidence collected and other facts of the case. The vehicle may be seized for inspection, identification, mechanical examination, forensic purposes or as case property.

The former page referred to Sections 279 and 337 IPC. For present-day cases, the applicable penal sections should instead be identified from the Bharatiya Nyaya Sanhita, 2023 and any other relevant law according to the FIR and facts. The petition format below therefore leaves the offence sections blank rather than assuming provisions that may not apply to every accident.

Procedure to Seek Release or Interim Custody of the Vehicle

Identify the case and seizure. Keep the FIR number, police station, date of seizure, vehicle registration number and case number, if allotted.
Establish ownership or entitlement. The registered owner should ordinarily produce the Registration Certificate and identity documents. If another person seeks custody, the basis of entitlement or authority should be clearly shown.
File the appropriate application. An application may be made before the competent Court or Magistrate under the applicable BNSS provision, ordinarily invoking Section 497 where the property is before the Court/Magistrate during investigation, inquiry or trial.
Offer appropriate undertakings. The applicant may state willingness to furnish a bond/security and to produce the vehicle whenever directed, and not to alter identifying particulars or dispose of the vehicle contrary to court conditions.
Comply with the release order. If interim custody or delivery is allowed, the vehicle must be taken subject to the terms imposed by the Court, which can differ according to the facts and local practice.

Documents Generally Filed With a Vehicle Release Petition

  • Registration Certificate (RC) of the vehicle;
  • identity and address proof of the applicant;
  • copy or particulars of the FIR and seizure memo, if available;
  • motor insurance documents, where relevant;
  • proof of ownership, possession or authority if the applicant is not the registered owner;
  • driving licence or other vehicle documents, where relevant to the relief sought;
  • supporting affidavit and undertaking/bond as required by the Court; and
  • any additional document required by local court rules or by the particular release order.

Sample Vehicle Release Petition under Section 497 BNSS

The following specimen updates the original accident-vehicle release petition while preserving its essential purpose. Court designation, parties, penal provisions, facts, court fee and relief must be adapted to the particular case and local rules.

IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE / JUDICIAL MAGISTRATE HAVING JURISDICTION AT __________

CASE / C.M.P. NO. ______ OF 20__

(Court fee, if applicable, as per local rules)

IN THE MATTER OF:

State / Complainant
PROSECUTION / COMPLAINANT

VERSUS

________________________
ACCUSED / RESPONDENT

FIR No.: __________    Date: __________

Police Station: __________

Sections: __________

APPLICATION UNDER SECTION 497 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR INTERIM CUSTODY / RELEASE OF VEHICLE NO. __________

MOST RESPECTFULLY SHOWETH:

  1. That the Applicant is the registered owner / person lawfully entitled to possession of Motor Vehicle Registration No. __________, Make/Model __________, Engine No. __________ and Chassis No. __________. A copy of the Registration Certificate is annexed as Annexure A-1.
  2. That the said vehicle was involved / stated to have been involved in an accident on __________ at about __________ at / near ________________________________.
  3. That in connection with FIR No. __________ dated __________ registered at Police Station __________ for offences under Sections __________, the vehicle was seized / taken into custody by the police on __________. Copy of the FIR / seizure document, if available, is annexed as Annexure A-2.
  4. That the vehicle is presently lying at ________________________________ and continued exposure / non-use may cause deterioration, depreciation, damage to mechanical or electrical components and avoidable loss.
  5. That the Applicant requires the vehicle for lawful personal / family / business use and, if necessary, for carrying out repairs after complying with the directions of this Hon'ble Court and the investigating agency.
  6. That the Applicant is ready and willing to furnish such bond, security and undertaking as this Hon'ble Court may direct and to produce the vehicle before the Court, investigating officer or other competent authority whenever required.
  7. That the Applicant undertakes not to change or tamper with the registration number, chassis number, engine number or other identifying particulars of the vehicle and not to use the vehicle for any unlawful purpose.
  8. That the Applicant further undertakes not to transfer, alienate or otherwise deal with the vehicle in violation of any condition imposed by this Hon'ble Court.
  9. That Section 497 BNSS empowers the competent Court or Magistrate to make appropriate orders for custody of property during investigation, inquiry or trial and provides for preparation of a property statement and photographic / videographic record for evidentiary purposes.
  10. That retaining the vehicle in open or prolonged police/court custody after the evidentiary requirements are secured may cause unnecessary deterioration, whereas its interim delivery to the Applicant can adequately protect the proceedings through suitable conditions, bond and undertaking.
  11. That the present application is bona fide and no prejudice will be caused to the prosecution if the vehicle is released to the Applicant subject to such terms as this Hon'ble Court deems fit.

PRAYER

In the above facts and circumstances, the Applicant respectfully prays that this Hon'ble Court may be pleased to:

a) order interim custody / delivery / release of Motor Vehicle Registration No. __________, Make/Model __________, Engine No. __________ and Chassis No. __________ to the Applicant, subject to appropriate bond, security and conditions;

b) permit release of the vehicle documents and other articles, if seized and if their continued retention is not required by law or for the proceedings, subject to such directions as this Hon'ble Court may impose;

c) permit the Applicant to carry out necessary repairs after completion of any inspection, photography, videography, mechanical examination or other evidentiary procedure required by law; and

d) pass such other or further order as this Hon'ble Court may deem fit and proper in the interests of justice.

Place: __________

Date: __________

APPLICANT

Through Counsel
__________________, Advocate

Affidavit in Support of Vehicle Release Application

IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE / JUDICIAL MAGISTRATE HAVING JURISDICTION AT __________

CASE / C.M.P. NO. ______ OF 20__

State / Complainant   ... Prosecution / Complainant

Versus

________________________   ... Accused / Respondent

AFFIDAVIT

I, Mr./Ms. __________________, aged ___ years, occupation __________, residing at ________________________________, do hereby solemnly affirm and state as follows:

  1. That I am the Applicant in the accompanying application for interim custody / release of Motor Vehicle Registration No. __________ and I am competent to swear this affidavit.
  2. That I am the registered owner / person lawfully entitled to possession of the said vehicle. The facts concerning my title / entitlement stated in the accompanying application are true.
  3. That the vehicle was seized in connection with FIR No. __________ dated __________ of Police Station __________ and is presently in police / court custody.
  4. That I undertake to produce the vehicle before the Court or investigating agency whenever lawfully directed and to comply with every condition imposed while granting interim custody or delivery.
  5. That I shall not tamper with the vehicle's identifying particulars and shall not transfer or otherwise deal with the vehicle contrary to any condition of release.
  6. That the contents of the accompanying application are true and correct to my knowledge and belief and nothing material has knowingly been concealed.

Place: __________

Date: __________

DEPONENT

VERIFICATION

I, __________________, the above-named Deponent, verify that the contents of paragraphs 1 to 6 above are true and correct to my knowledge and belief, no part is false and nothing material has been concealed.

Verified at __________ on this ___ day of __________, 20__.

DEPONENT

Pending old proceedings: The CrPC was repealed when the BNSS commenced on 1 July 2024, but Section 531 BNSS contains repeal-and-savings provisions. Where a proceeding was already pending immediately before commencement, the applicable procedural provision should be checked in light of those savings rather than mechanically replacing every CrPC reference.

Frequently Asked Questions

Which provision is used to seek release of an accident vehicle now?

For proceedings governed by the BNSS, Section 497 is the principal provision concerning custody and disposal of property pending investigation, inquiry or trial. The exact provision and forum should still be checked against the stage and facts of the case.

Is the registered owner automatically entitled to immediate release?

No. Registration is important evidence of entitlement, but the competent Court or Magistrate determines custody or delivery after considering the case record, competing claims, evidentiary needs and any applicable statutory restrictions.

Can the Court require photographs or videography before release?

Yes. Section 497 expressly provides for a property statement, photographs and, where necessary, videography, with that material usable as evidence in the proceeding.

Can the vehicle be repaired after it is released?

The release order and evidentiary requirements control. The application may seek permission to repair the vehicle after necessary inspection, photography, videography or mechanical examination has been completed and subject to the Court's conditions.

Legal notice: This is a general specimen. Vehicle-release practice may also be affected by special statutes, confiscation provisions, local rules, ownership disputes and the particular directions of the Court. The FIR sections, forum, court fee, affidavits, bond and undertakings should be verified before filing.