The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure, 1973, contains several provisions for the return of property. These provisions are primarily located in Chapter XXXVI, titled “Disposal of Property,” and Chapter VIII, which deals with the attachment and forfeiture of property.
Here are the key provisions related to the return of property under the BNSS, 2023:
1. Procedure by police upon seizure of property (Section 503)
This section outlines the procedure for a Magistrate to order the return of property seized by the police, especially when the property is not presented before a criminal court during an inquiry or trial.
- When the rightful owner is known: The Magistrate can order the property to be returned to the known entitled person, with or without conditions (e.g., executing a bond to restore the property if required later).
- When the rightful owner is unknown: The Magistrate must issue a proclamation specifying the details of the seized property. If no one claims the property within six months, the Magistrate can decide its final disposal, which may include sale, with the proceeds being deposited with the government.
2. Order for custody and disposal of property pending trial (Section 497)
This section empowers the court or Magistrate to make an order for the proper custody of property during the pendency of an investigation, inquiry, or trial.
- Within a specific timeframe (fourteen days) of the property being produced, the court or Magistrate must prepare a detailed statement of the property and its description.
- The court or Magistrate must also take a photograph and, if necessary, a videograph of the property.
- The court or Magistrate can then, within thirty days, order the disposal, destruction, confiscation, or delivery of the property in the manner specified by the BNSS.
- This provision allows for the interim return of property, especially when its continued custody is not necessary.
3. Order for disposal of property at the conclusion of trial (Section 498)
This section deals with the disposal of property once an investigation, inquiry, or trial has concluded.
- The court or Magistrate can order the disposal of the property by destruction, confiscation, or delivery to any person claiming to be entitled to its possession.
- The order for delivery of the property to the rightful claimant can be made with or without the condition of executing a bond to restore it if needed later.
- An order for disposal (except for perishable goods or livestock) is generally not carried out for a period of two months to allow for appeals.
4. Provisions for attachment and forfeiture of property (Chapter VIII)
This chapter, particularly Section 107, introduces a new framework for dealing with “proceeds of crime.” While the primary focus is on forfeiture, it also has implications for the return of property.
- Attachment of “proceeds of crime”: A court or Magistrate can order the attachment of property derived from criminal activity.
- Restoration to victims: A significant new provision is that once property is confirmed as “proceeds of crime,” the court can direct the District Magistrate to distribute the proceeds among the victims of the crime. This ensures that the property, or its value, is returned to those who have been wronged.
- Release of attached property: Section 119 of the BNSS specifically deals with the return of seized property. It allows for the return of property to the rightful owner if it is no longer required for the proceedings or is found to be unrelated to the crime.
In summary, the BNSS, 2023, provides a comprehensive framework for the return of property at various stages of a criminal case, with a clear emphasis on restitution to victims and the efficient disposal of seized articles.
