Code: Section 499 BNSS
When any person is convicted of any offence which includes, or amounts to,
theft or receiving stolen property, and it is proved that any other person bought the stolen
property from him without knowing or having reason to believe that the same was stolen,
and that any money has on his arrest been taken out of the possession of the convicted
person, the Court may, on the application of such purchaser and on the restitution of the
stolen property to the person entitled to the possession thereof, order that out of such
money a sum not exceeding the price paid by such purchaser be delivered to him within six
months from the date of such order.
Explanation of Section 499 BNSS
Section 499 ensures that an innocent purchaser is compensated when they unknowingly buy stolen property. If the person who bought the stolen property did not know it was stolen, the Court can order a refund. This refund comes from the money found on the accused at the time of arrest. However, the refund is limited to the price the purchaser paid for the stolen property.
This section protects buyers who acted in good faith and did not have any reason to suspect that the property they purchased was stolen. The stolen property must be returned to its rightful owner first. Once that happens, the Court may order the refund within six months.
Illustration
Example 1: Refund to Innocent Purchaser
A person buys a watch, not knowing it was stolen. The thief is arrested, and the police find money on him. The Court decides to refund part of the money to the purchaser, but only up to the price the person paid for the watch.
Example 2: Stolen Bicycle and Refund
A person buys a bicycle, unaware it was stolen. The thief is arrested, and the stolen bicycle is returned to its rightful owner. The Court then refunds the buyer a sum not exceeding the price they paid for the bicycle.
Common Questions and Answers on Section 499 BNSS
1. Who can apply for the refund under Section 499?
- Answer: The innocent purchaser who bought the stolen property without knowing it was stolen can apply for a refund under Section 499.
2. How much money can be refunded to the innocent purchaser?
- Answer: The refund cannot exceed the price the purchaser paid for the stolen property. The Court will issue the refund within six months of the order.
3. What happens to the stolen property in these cases?
- Answer: The stolen property is returned to its rightful owner. Only after the return of the property can the refund be issued to the purchaser.
Conclusion
Section 499 of the BNSS ensures that innocent buyers of stolen property are compensated for their loss. The refund process is limited to the amount paid for the stolen goods, and the money must be delivered within six months after the Court’s order. This section aims to provide fairness to those who acted without knowledge of the theft.
