Section 504 BNSS: Procedure Where No Claimant Appears Within Six Months
Section 504 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the next stage of dealing with seized property when no claimant establishes a right to it within the six-month period contemplated by Section 503. It authorises the Magistrate, subject to the statutory conditions, to place the property at the disposal of the State Government and also provides a right of appeal.
Text of Section 504 BNSS
504. Procedure where no claimant appears within six months.
(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.
Meaning and Scope of Section 504
Section 504 does not operate in isolation. The expression "such period" refers to the six-month claim period created by Section 503 BNSS. Under Section 503(2), where the person entitled to seized property is unknown, the Magistrate issues a proclamation describing the property and requiring any claimant to appear and establish the claim within six months from the date of the proclamation.
Section 504 becomes relevant after that period expires without a claimant successfully establishing entitlement. Even then, the statutory text also requires that the person in whose possession the property was found must be unable to show that it was legally acquired.
Conditions Before the Magistrate May Act
- The property must be property to which the procedure under Section 503 applies.
- The six-month period for establishing a claim must have expired.
- No person must have established a claim to the property within that period.
- The person from whose possession the property was found must be unable to show lawful acquisition.
- The Magistrate may then direct by order that the property be placed at the disposal of the State Government.
What Can Happen to the Property?
Once an order is made under Section 504(1), the property may be placed at the disposal of the State Government. The provision further permits the State Government to sell the property. The proceeds of sale are to be dealt with in the manner prescribed by rules made by the State Government.
Right of Appeal Under Section 504(2)
Section 504(2) expressly creates a right of appeal against an order made under the section. The appeal lies to the Court to which appeals ordinarily lie from convictions by the Magistrate who made the order. This provides a statutory remedy to challenge an order directing disposal of the property to the State Government.
Section 503 and Section 504: How the Procedure Works
| Stage | Relevant provision | Effect |
|---|---|---|
| Police seizure is reported to Magistrate | Section 503(1) | Magistrate may deal with custody, disposal or delivery of the property. |
| Person entitled to possession is unknown | Section 503(2) | Magistrate issues a proclamation requiring a claimant to establish the claim within six months. |
| No claim is established within six months and lawful acquisition is not shown | Section 504(1) | Magistrate may direct that the property be at the disposal of the State Government. |
| Property is placed at State disposal | Section 504(1) | State Government may sell it and deal with the proceeds according to its rules. |
| Order is challenged | Section 504(2) | Appeal lies to the Court that ordinarily hears appeals from convictions by the Magistrate. |
Corresponding Provision Under the CrPC, 1973
Section 504 BNSS corresponds to Section 458 of the Code of Criminal Procedure, 1973. The structure and basic procedure remain substantially similar. One drafting change in the BNSS text is that the handling of sale proceeds is expressly tied to the manner the State Government may provide by rules.
Related BNSS Provisions
- Section 501 - Destruction of libellous and other matter
- Section 502 - Power to restore possession of immovable property
- Section 503 - Procedure by police upon seizure of property
- Section 505 - Power to sell perishable property
- Section 506 - Irregularities which do not vitiate proceedings
Frequently Asked Questions
What does Section 504 BNSS deal with?
It deals with property for which no claimant establishes a claim within the six-month period and where the person from whose possession the property was found cannot establish lawful acquisition.
From what date is the six-month period counted?
Read with Section 503(2), the six-month period runs from the date of the proclamation issued by the Magistrate requiring claimants to come forward and establish their claim.
Can the State Government sell the property?
Yes. Where an order is made under Section 504(1), the property may be sold by the State Government, and the proceeds are dealt with in the manner provided by State Government rules.
Is there an appeal against a Section 504 order?
Yes. The appeal lies to the Court to which appeals ordinarily lie from convictions by the Magistrate.
Last updated: 12 September 2026. This page is for general legal information and should be read with the official text of the Bharatiya Nagarik Suraksha Sanhita, 2023 and applicable State rules.