Section 498 of BNSS : Section 498: Order for disposal of property at conclusion of trial.

Explanation using Example

Example 1:

Scenario: A burglary case where stolen jewelry is recovered.

Details:

• Ramesh's house was burgled, and jewelry worth ₹5 lakhs was stolen.
• The police arrested the suspect, Suresh, and recovered the stolen jewelry.
• During the trial, the jewelry was presented as evidence in court.

Application of Section 498:

• At the conclusion of the trial, the court finds Suresh guilty of burglary.
• The court then orders the disposal of the recovered jewelry.
• The court decides to return the jewelry to Ramesh, the rightful owner, without any conditions.
• Ramesh receives the jewelry back after the trial concludes.

Example 2:

Scenario: A case involving counterfeit currency.

Details:

• The police raid a counterfeit currency printing operation and seize fake notes worth ₹10 lakhs.
• The suspects are arrested and the fake currency is presented as evidence in court.

Application of Section 498:

• At the conclusion of the trial, the court finds the suspects guilty of producing counterfeit currency.
• The court orders the disposal of the counterfeit currency by destruction, as it is illegal to possess or use.
• The fake notes are destroyed under the supervision of the court to prevent any misuse.

Example 3:

Scenario: A hit-and-run case involving a vehicle.

Details:

• A car driven by Rajesh hits a pedestrian and flees the scene.
• The police locate and seize the car used in the hit-and-run.
• The car is presented as evidence in court.

Application of Section 498:

• At the conclusion of the trial, the court finds Rajesh guilty of the hit-and-run.
• The court orders the disposal of the car.
• The court decides to confiscate the car as it was used in the commission of the offence.
• The car is then auctioned off, and the proceeds are used as directed by the court.

Example 4:

Scenario: A case involving illegal possession of wildlife.

Details:

• The forest department arrests a poacher, Ravi, and seizes a tiger skin.
• The tiger skin is presented as evidence in court.

Application of Section 498:

• At the conclusion of the trial, the court finds Ravi guilty of illegal possession of wildlife.
• The court orders the disposal of the tiger skin.
• The court decides to hand over the tiger skin to the forest department for proper disposal.
• The forest department ensures the tiger skin is either preserved for educational purposes or destroyed as per wildlife protection laws.

Example 5:

Scenario: A case involving a disputed property document.

Details:

• Two parties, Asha and Neha, are in a legal dispute over the ownership of a piece of land.
• A property document is presented as evidence in court.

Application of Section 498:

• At the conclusion of the trial, the court rules in favor of Asha.
• The court orders the disposal of the property document.
• The court decides to return the document to Asha, the rightful owner, on the condition that she executes a bond to return the document if the order is modified on appeal.
• Asha receives the document after fulfilling the bond condition.