Disposal and Return of Property Under the BNSS (Section 497): CrPC 451 and 452 Mapping (2026)
What a court can do with seized property while a case is going on, how to get a seized vehicle or goods released, which section of the BNSS now governs it, and how it maps to Sections 451, 452 and 457 of the old CrPC. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
When the police seize a vehicle, cash, goods, or a phone in a criminal case, the property can sit idle for years, losing value and helping no one. The law lets a criminal court deal with that property while the case is going on. Under the new code this power is in Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 451 of the old Code of Criminal Procedure, 1973 (CrPC) from 1 July 2024. It carries no punishment, because it is a procedural power over property, not an offence. Last verified October 2026.
- What it is: a court power to order custody and interim disposal or release of seized property during a case.
- New section: Section 497 of the BNSS, 2023.
- Old section: it replaced Section 451 of the CrPC; end-of-case disposal (old Section 452) is now Section 498.
- What changed: it reaches the investigation stage and sets short timelines, with a statement, photographs, and disposal within fixed periods.
- No punishment: this is a procedural power over property, not an offence.
- Search and track: Claw searches 30 crore+ judgments and tracks matters across 9,102 courts, benches and forums.
01Why seized property is a problem
Property seized in a criminal case does not help anyone while it sits in a police yard or a malkhana. A seized car rusts, cash loses value, perishable goods rot, and the owner, who may not even be the accused, is kept out of their own property for years.
The law tries to balance two things. On one side, the property may be needed as evidence, so it cannot simply be handed back. On the other side, keeping it untouched for the whole case is wasteful and unfair. Section 497 gives the court a middle path: it can order safe custody, and it can release the property on conditions so that it is preserved and its value is not lost.
People searching "release of seized vehicle bnss", "section 451 crpc in bnss", or "disposal of property bnss" are looking for this power.
02What Section 497 allows
Section 497 lets a criminal court make an order for the proper custody of property produced before it during an inquiry or a trial, and, where the property is subject to speedy or natural decay or where it is otherwise expedient, order it to be sold or otherwise disposed of. In practice it is used both to keep property safe and to release it to the person entitled to it, on terms.
Two points matter in practice:
- Interim release on conditions. Courts routinely use this power to hand a seized vehicle or goods back to the rightful owner on a bond, with a valuation, photographs, and an undertaking to produce the property if the court needs it. This preserves value while protecting the evidence.
- It now reaches the investigation stage. A key change under the BNSS is that the Magistrate can act even during investigation, not only once an inquiry or trial has begun. This widens the old position and helps owners get property back sooner.
A procedure provision, not an offence
Section 497 does not create a crime and has no punishment. The words cognizable, bailable, and triable by do not apply to it. It is a power to manage property in a pending case. Any punishment comes from the offence being tried, not from this section.
03Sections 451, 452 and 457 CrPC to the BNSS
Section 497 of the BNSS replaces Section 451 of the CrPC, the power over property during an inquiry or trial. The connected provision for the end of the case, which was Section 452 of the CrPC, is now Section 498 of the BNSS. The old Section 457, which dealt with seized property reported to a Magistrate during investigation, overlaps with Section 497 now that Section 497 itself reaches the investigation stage.
| Old law (CrPC, 1973) | New law (BNSS, 2023) | Subject |
|---|---|---|
| Section 451 | Section 497 | Custody and interim disposal of property pending inquiry or trial |
| Section 452 | Section 498 | Disposal of property at the conclusion of the trial |
| Section 457 | Reached within Section 497 | Seized property during investigation |
So if you are searching for "section 451 crpc in bnss", the answer is Section 497, and for the end-of-case disposal, the answer is Section 498.
04What changed: new timelines
The biggest change is not the power itself, which is much the same, but the time limits the BNSS adds, to stop property from lying unused for years.
- A statement of the property, soon after it is produced. The court is to prepare a statement of the seized property within a set period after it is produced before the court.
- Photographs and videography. The property is to be photographed, and where useful videographed, so a clear record exists even if the thing itself is later released or sold.
- Disposal within a fixed window. After the statement is prepared, the court is to order the disposal, destruction, confiscation, or delivery of the property within a set period.
The Karnataka High Court has read these steps together to mean that the concerned court should pass an order within about forty five days from the seizure, counting the time for the statement and then for disposal. This is a real shift from the old practice, where property could stay in custody for the life of the case.
05Getting a seized vehicle or goods released
The usual route to get a seized vehicle, cash, or goods released during a case is an application under Section 497, made to the court or Magistrate that has the property or the case.
- Show you are entitled. Produce ownership papers, for a vehicle the registration certificate and insurance, and explain how you are the person entitled to possession.
- Offer to preserve the evidence. Courts usually release property on a bond, with photographs, a valuation, and an undertaking to produce it when required and not to alter or sell it.
- Act early. Because the BNSS now sets short timelines and reaches the investigation stage, an owner can and should move quickly rather than wait for the trial to begin.
For related procedure, see attachment of property under the BNSS, and for the wider set of changes, see the key changes from the CrPC to the BNSS.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Getting seized property released turns on how courts have used Section 497 and the old Section 451 on facts like yours, a vehicle, cash, gold, or goods, and the short new timelines make the listing matter more than ever. Claw helps on both counts. You can search more than 30 crore judgments by section, party, or advocate and see release and disposal orders in under five seconds, drawing on the Supreme Court from 1950 and the High Courts from 1990, and you can follow the case, its orders and its hearings across 9,102 courts, benches and forums so the short disposal window is not missed. See case search across Indian courts.
Claw does not use your case documents to train its AI models, and it is a research and tracking tool rather than a substitute for legal advice; it does not draft or file the release application. Open a free Claw account to search release orders and keep watch on your matter by party or advocate name.
07Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- Ministry of Home Affairs (the new criminal laws): mha.gov.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The new criminal laws are still being read and applied by the courts, so check the current text of Section 497 and take advice from counsel before you rely on a provision.
08Frequently asked questions
What is Section 497 of the BNSS?
It is the power of a criminal court to order the proper custody and, in some cases, the interim disposal or release of property produced before it during an inquiry or trial. It replaced Section 451 of the old CrPC and now reaches the investigation stage as well.
Which old CrPC sections does Section 497 relate to?
Section 497 replaces Section 451 (custody and disposal pending inquiry or trial). The disposal at the conclusion of the case, which was Section 452, is now Section 498. The function of the old Section 457, on seized property during investigation, is now reached by Section 497 itself.
How do I get a seized vehicle released under the BNSS?
File an application under Section 497 before the court or Magistrate dealing with the property or the case. Produce proof of ownership, and offer a bond, a valuation, photographs, and an undertaking to produce the vehicle when required. Courts commonly release vehicles on such terms to preserve value.
What are the new timelines for seized property?
The BNSS adds short time limits, so property does not lie unused for years. The court is to prepare a statement of the property soon after it is produced, have it photographed, and then order its disposal within a fixed period. The Karnataka High Court has read these together as about forty five days overall. Confirm the exact periods in the current text.
Is there a punishment under Section 497?
No. Section 497 is a procedural power over property, not an offence, so it carries no punishment, and the terms cognizable or bailable do not apply. Any punishment in the case comes from the offence being tried.
How can I find orders releasing seized property?
Claw lets you search more than 30 crore judgments by section, party or advocate in under five seconds, with the Supreme Court covered from 1950 and the High Courts from 1990, and track live cases across 9,102 courts, benches and forums. You can open a free account to search and track cases by party or advocate name.