Section 497 of BNSS : Section 497: Order for custody and disposal of property pending trial in certain cases.

Explanation using Example

Example 1:

Scenario: Seizure of Stolen Jewelry

Situation: During a police investigation into a burglary, the police recover stolen jewelry from the suspect's residence. The jewelry is produced before the Magistrate.

Application of Section 497:

1. Custody Order: The Magistrate orders that the jewelry be kept in the police custody until the trial concludes.
2. Decay or Expediency: Since jewelry does not decay, the Magistrate does not need to order its sale or disposal.
3. Documentation: Within 14 days, the Magistrate prepares a detailed statement describing each piece of jewelry.
4. Photographic Evidence: The Magistrate ensures that photographs and videography of the jewelry are taken.
5. Use as Evidence: The statement and photographs are used as evidence during the trial.
6. Final Disposal: Within 30 days after documentation, the Magistrate orders the jewelry to be returned to the rightful owner, destroyed, or otherwise disposed of as per the law.

Example 2:

Scenario: Confiscation of Illegal Firearms

Situation: Police raid a warehouse and confiscate a cache of illegal firearms. The firearms are presented before the Criminal Court.

Application of Section 497:

1. Custody Order: The Court orders that the firearms be stored securely in a police armory pending the trial.
2. Decay or Expediency: The Court determines that the firearms are not subject to decay but decides it is expedient to document them thoroughly.
3. Documentation: Within 14 days, the Court prepares a detailed statement listing each firearm, including make, model, and serial number.
4. Photographic Evidence: The Court ensures that photographs and videography of the firearms are taken.
5. Use as Evidence: The statement and visual records are used as evidence during the trial.
6. Final Disposal: Within 30 days after documentation, the Court orders the firearms to be either destroyed, handed over to the government, or otherwise disposed of according to legal provisions.

Example 3:

Scenario: Confiscation of Perishable Goods

Situation: During an investigation into illegal trading, the police seize a large quantity of perishable food items. The items are presented before the Magistrate.

Application of Section 497:

1. Custody Order: The Magistrate orders that the perishable goods be stored in a suitable facility.
2. Decay or Expediency: Recognizing that the goods are subject to speedy decay, the Magistrate records necessary evidence and orders the immediate sale of the goods.
3. Documentation: Within 14 days, the Magistrate prepares a statement describing the goods.
4. Photographic Evidence: The Magistrate ensures that photographs and videography of the goods are taken.
5. Use as Evidence: The statement and visual records are used as evidence during the trial.
6. Final Disposal: The proceeds from the sale of the perishable goods are held by the Court until the conclusion of the trial, after which they are disposed of according to the legal outcome.

Example 4:

Scenario: Seizure of Counterfeit Currency

Situation: During a raid, police seize a large amount of counterfeit currency. The counterfeit notes are presented before the Criminal Court.

Application of Section 497:

1. Custody Order: The Court orders that the counterfeit currency be kept in a secure location.
2. Decay or Expediency: The Court decides it is expedient to document the counterfeit currency thoroughly.
3. Documentation: Within 14 days, the Court prepares a detailed statement describing the counterfeit notes.
4. Photographic Evidence: The Court ensures that photographs and videography of the counterfeit currency are taken.
5. Use as Evidence: The statement and visual records are used as evidence during the trial.
6. Final Disposal: Within 30 days after documentation, the Court orders the counterfeit currency to be destroyed or otherwise disposed of according to legal provisions.