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

BNSS

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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 ma...

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