Order for custody and disposal of property pending trial in certain cases.
What this section does
When property is produced before a Criminal Court or empowered Magistrate during investigation, inquiry or trial, the Court or Magistrate may order proper custody of such property and may order its sale or disposal if it is subject to speedy decay or if expedient. Within fourteen days of production, a descriptive statement must be prepared, and photographs/videographs must be taken; within thirty days thereafter, the Court or Magistrate must order disposal, destruction, confiscation or delivery of the property.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Criminal Court · Magistrate · State Government (rules for statement format)
- Time limit
- Statement to be prepared within 14 days of production; disposal order to be made within 30 days after statement and photograph/videograph are completed
Practitioner note
The 14-day and 30-day timelines and the mandatory photography/videography requirements are new additions under BNSS with no direct equivalent in CrPC s.451.
Derived from CrPC s.451.
Read the official text
For the binding statutory text of BNSS Section 497, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 497 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.