Section 502 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Power to restore possession of immovable property.
(1) When a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such use of force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property:
Provided that no such order shall be made by the Court more than one month after the date of the conviction.
(2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.
(3) Where an order has been made under sub-section (1), the provisions of section 500 shall apply in relation thereto as they apply in relation to an order under section 499.
(4) No order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.
Section 503 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Procedure by police upon seizure of property.
(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Sanhita, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.
Section 504 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
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.
Section 505 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Power to sell perishable property.
If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten thousand rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 503 and 506 shall, as nearly as may be practicable, apply to the net proceeds of such sale.
CHAPTER XXXVII IRREGULAR PROCEEDINGS
Section 506 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Irregularities which do not vitiate proceedings.
If any Magistrate not empowered by law to do any of the following things, namely:—
(a) to issue a search-warrant under section 97;
(b) to order, under section 174, the police to investigate an offence;
(c) to hold an inquest under section 196;
(d) to issue process under section 207, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;
(e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 210;
(f) to make over a case under sub-section (2) of section 212; (g) to tender a pardon under section 343;
(h) to recall a case and try it himself under section 450; or (i) to sell property under section 504 or section 505,
erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.
Comments