Section 498 BNSS: Order for Disposal of Property at Conclusion of Trial

Section 498 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Court or Magistrate, after the conclusion of an investigation, inquiry or trial, to order the destruction, confiscation, delivery or other appropriate disposal of property or documents connected with the criminal case.

Law: Bharatiya Nagarik Suraksha Sanhita, 2023 Act No. 46 of 2023 Effective from: 1 July 2024 Updated: 12 September 2026

Key points under Section 498 BNSS

The provision applies when an investigation, inquiry or trial in a criminal case has concluded.
The Court or Magistrate may order destruction, confiscation, delivery to an entitled person, or another appropriate mode of disposal.
Delivery may be made subject to a bond requiring restoration of the property if the order is changed in appeal or revision.
A Court of Session may send the property to the Chief Judicial Magistrate for action under Sections 503, 504 and 505.
Except for specified cases such as livestock or property subject to speedy and natural decay, execution of the disposal order is generally deferred for two months and, if an appeal is filed, until the appeal is decided.

Text of Section 498 of the BNSS, 2023

498(1). When an investigation, inquiry or trial in any criminal case is concluded, the Court or the Magistrate may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.

498(2). An order may be made under sub-section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without securities, to the satisfaction of the Court or the Magistrate, engaging to restore such property to the Court if the order made under sub-section (1) is modified or set aside on appeal or revision.

498(3). A Court of Session may, instead of itself making an order under sub-section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 503, 504 and 505.

498(4). Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of.

498(5). In this section, the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.

Meaning and scope of Section 498 BNSS

The purpose of Section 498 is to enable the criminal court to finally deal with case property after the relevant criminal proceeding has ended. It covers property or documents produced before the court, held in court custody, involved in the commission of an offence, or used for committing an offence.

Who can pass an order under Section 498?

The power is conferred on the Court or Magistrate dealing with the criminal case. Sub-section (3) additionally permits a Court of Session to direct delivery of the property to the Chief Judicial Magistrate for further action in the manner provided by Sections 503, 504 and 505 of the BNSS.

How may the property be disposed of?

Depending on the nature of the property, the facts of the case and the entitlement established before the court, Section 498 permits disposal by destruction, confiscation, delivery to a person claiming possession, or another appropriate order.

Delivery subject to a bond

Where the court delivers property to a claimant, it may require a bond, with or without security. The bond protects the appellate or revisional process because the recipient undertakes to restore the property if the disposal order is later modified or set aside.

Two-month safeguard and appeal

As a general safeguard, an order under Section 498(1) is not to be carried out for two months. If an appeal is presented, execution waits until the appeal is disposed of. The statutory exceptions include livestock, property subject to speedy and natural decay, and cases where a bond has been executed under Section 498(2).

Wide meaning of "property"

Section 498(5) gives the expression "property" an extended meaning. It includes not only the original property connected with the offence, but also property into or for which it has been converted or exchanged, as well as anything acquired through such conversion or exchange.

Current-law note: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. Its provisions came into force on 1 July 2024, subject to the exception stated in the Central Government commencement notification concerning the specified First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Related BNSS provisions

Section 498 forms part of the BNSS framework dealing with custody and disposal of property. The following nearby provisions may also be relevant:

Practical reading of Section 498

In a property-disposal application, the court will ordinarily need to identify the property, consider its connection with the criminal case, examine the claimant's asserted entitlement to possession, and determine the legally appropriate mode of disposal. The final order remains subject to the statutory safeguards relating to bond, appeal and revision contained in Section 498.

Disclaimer: This page is a general legal-information resource and does not substitute for advice on the facts of a particular case.