Code: Section 504 BNSS
(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.
Explanation of Section 504 BNSS
Section 504 of the BNSS provides the legal framework for dealing with seized property when no rightful claimant comes forward within the specified six-month period. It ensures that unclaimed or illegally possessed property does not remain in legal limbo and is disposed of fairly, with proceeds managed by the State Government.
Key Provisions:
- Unclaimed Property: If no one claims the property within six months, the Magistrate may order that it be disposed of by the State Government.
- Proof of Legal Ownership: If the person found in possession cannot prove legal ownership, the property is treated as unclaimed.
- Sale and Use of Proceeds: The property may be sold, and the proceeds are handled according to rules set by the State Government.
- Right to Appeal: Any order made by the Magistrate under this section can be appealed to the appropriate appellate court.
Illustration
Example 1: Unclaimed Vehicle
A vehicle is seized during a police raid, and no one claims it within six months. The person found with the vehicle cannot prove legal ownership. The Magistrate directs the State Government to sell the vehicle, and the sale proceeds are managed as per government rules.
Example 2: Seized Jewelry Without Claimants
Jewelry is found during an investigation, and no claimant appears within the stipulated period. The Magistrate orders its disposal by the State Government, and the proceeds are allocated as per legal provisions.
Common Questions and Answers on Section 504 BNSS
1. What happens if no one claims the seized property within six months?
- Answer: The property may be disposed of by the State Government, and the proceeds from its sale are managed according to government rules.
2. Can I appeal if my claim for the property is rejected?
- Answer: Yes, you can appeal against the Magistrate’s order to the appropriate appellate court.
3. What if the person found in possession cannot prove ownership?
- Answer: The property will be treated as unclaimed, and the State Government will decide its disposal.
4. How are the proceeds from the sale of unclaimed property handled?
- Answer: The proceeds are dealt with as prescribed by rules made by the State Government.
Conclusion
Section 504 BNSS ensures that unclaimed property is managed lawfully and efficiently. It prevents indefinite legal disputes over seized assets while protecting the interests of the State and rightful claimants. The provision provides a clear process for disposal, ensuring transparency and accountability in handling unclaimed property.
