Bharatiya Nagarik Suraksha Sanhita, 2023
Section 501 BNSS: Destruction of Libellous and Other Matter
Section 501 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Court, after conviction for specified offences under the Bharatiya Nyaya Sanhita, 2023, to order destruction of certain offending material, food, drink, drugs or medical preparations.
Text of Section 501 BNSS
501. Destruction of libellous and other matter.
(1) On a conviction under section 294, section 295, or sub-sections (3) and (4) of section 356 of the Bharatiya Nyaya Sanhita, 2023, the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted.
(2) The Court may, in like manner, on a conviction under section 274, section 275, section 276 or section 277 of the Bharatiya Nyaya Sanhita, 2023, order the food, drink, drug or medical preparation in respect of which the conviction was had, to be destroyed.
Meaning and scope of Section 501
Section 501 is a post-conviction power concerning disposal by destruction. It does not create a separate offence. Instead, it operates after a conviction under one of the BNS provisions specifically listed in the section.
- The power is discretionary because the section uses the word "may".
- For obscene or defamatory matter covered by sub-section (1), the order may extend to copies in the custody of the Court and copies remaining in the possession or power of the convicted person.
- For the public-health offences listed in sub-section (2), the Court may order destruction of the relevant food, drink, drug or medical preparation.
- The destruction order is consequential to conviction under the specified BNS provision.
BNS provisions referred to in Section 501
| BNS provision | Subject | Relevance to BNSS Section 501 |
|---|---|---|
| Section 294 | Sale, etc., of obscene books, etc. | After conviction, the Court may order destruction of the copies or things to which the conviction relates. |
| Section 295 | Sale, etc., of obscene objects to child. | After conviction, the Court may order destruction of the offending copies or things covered by Section 501(1). |
| Section 356(3) and (4) | Defamation - punishment-related sub-sections specified by Section 501. | Section 501(1) permits destruction of copies of the thing in respect of which the conviction was recorded. |
| Section 274 | Adulteration of food or drink intended for sale. | The Court may order destruction of the food or drink concerned. |
| Section 275 | Sale of noxious food or drink. | The Court may order destruction of the food or drink concerned. |
| Section 276 | Adulteration of drugs. | The Court may order destruction of the drug or medical preparation concerned. |
| Section 277 | Sale of adulterated drugs. | The Court may order destruction of the drug or medical preparation concerned. |
When can the Court exercise this power?
The statutory trigger is a conviction under one of the provisions expressly named in Section 501. The provision therefore concerns the fate of the offending material or substance after criminal liability under the relevant BNS section has been established.
Why Section 501 matters
The provision supplements the sentence for the underlying offence by enabling removal and destruction of the specific offending material or harmful substance. In practical terms, it is intended to prevent obscene or defamatory material covered by the section, and adulterated or noxious consumables or medical products, from remaining available after conviction.
Corresponding provision under the old CrPC
Section 501 BNSS broadly carries forward the subject previously dealt with by Section 455 of the Code of Criminal Procedure, 1973, with cross-references updated to the Bharatiya Nyaya Sanhita, 2023.