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:
- Custody Order: The Magistrate orders that the jewelry be kept in the police custody until the trial concludes.
- Decay or Expediency: Since jewelry does not decay, the Magistrate does not need to order its sale or disposal.
- Documentation: Within 14 days, the Magistrate prepares a detailed statement describing each piece of jewelry.
- Photographic Evidence: The Magistrate ensures that photographs and videography of the jewelry are taken.
- Use as Evidence: The statement and photographs are used as evidence during the trial.
- 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:
- Custody Order: The Court orders that the firearms be stored securely in a police armory pending the trial.
- Decay or Expediency: The Court determines that the firearms are not subject to decay but decides it is expedient to document them thoroughly.
- Documentation: Within 14 days, the Court prepares a detailed statement listing each firearm, including ma...
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