Disposal of property: photography, videography and time-bound release

1. The problem the Chapter solves

Police seize vehicles, cash, jewellery, documents, liquor and drugs in the course of an investigation. If these lie in police stations for years until the trial ends, vehicles rust, goods perish and owners lose their property for no fault. The court must keep the property available as evidence and at the same time prevent this waste. Chapter XXXVI, sections 497 to 505 (formerly sections 451 to 459 of the CrPC) provides for this.

2. Custody and disposal pending trial: section 497 (old section 451)

Section 497(1). When property is produced before a criminal court, or a Magistrate empowered to take cognizance or commit, during investigation, inquiry or trial, the court may order its proper custody until the case ends. If it is subject to speedy and natural decay, or it is otherwise expedient, the court may, after recording necessary evidence, order it to be sold or otherwise disposed of.

“Property” includes any property or document produced before or in the custody of the court, and any property regarding which an offence appears to have been committed or which was used to commit an offence (Explanation).

The new time-bound procedure (sections 497(2) to (5)):

• within fourteen days of production, the court shall prepare a statement of the property with its description, in the form the State Government prescribes;
• the court shall cause the property to be photographed and, if necessary, videographed on a mobile phone or any electronic media;
• the statement and the photograph or video shall be used as evidence in any inquiry, trial or other proceeding under the Sanhita, so the article itself need not be kept for the trial;
• within thirty days after the statement is prepared and the photograph or video taken, the court shall order the disposal, destruction, confiscation or delivery of the property.

This puts into the statute what the Supreme Court had directed in Sunderbhai Ambalal Desai v. State of Gujarat, 2002 INSC 418, (2002) 10 SCC 283. The Court found that seized articles were rotting in police malkhanas and gave directions: valuables and cash should be returned to the owner on a bond after a detailed panchnama and photographs, which can be used as evidence; vehicles should not be kept at police stations for long and should be released on security, or sold if unclaimed; and liquor and narcotics should be sampled and destroyed under proper safeguards.

3. Disposal at the end of the case: section 498 (old section 452)

• When the investigation, inquiry or trial is concluded, the court may order disposal of the property by destruction, confiscation or delivery to the person entitled to possession, or otherwise.
• Delivery may be unconditional or on a bond to restore it if the order is set aside on appeal or revision.
• A Court of Session may instead direct the property to be delivered to the Chief Judicial Magistrate, who deals with it under sections 503 to 505.
• Except for livestock, perishables, or where a bond has been taken, the order is not carried out for two months or until an appeal is decided.
• “Property” includes anything into which the original property has been converted or exchanged (section 498(5)), so the sale proceeds of stolen gold can be ordered to be delivered to the owner.

4. Related provisions

• Innocent purchaser (section 499, old 453). Where a person is convicted of theft or receiving stolen property, and someone bought the property from him in good faith, the court may, on restitution of the property to the owner, pay the purchaser out of money found on the convict, up to the price he paid.
• Appeal (section 500, old 454). A person aggrieved by an order under section 498 or 499 may appeal to the court to which appeals ordinarily lie from that court.
• Destruction (section 501, old 455) of obscene or defamatory matter on conviction under sections 294, 295 or 356(3) and (4) of the BNS, and of adulterated food or drugs on conviction under sections 274 to 277.
• Restoration of immovable property (section 502, old 456). Where a person is convicted of an offence involving criminal force, show of force or criminal intimidation and someone was dispossessed by it, the court may order possession restored, but only within one month of conviction; the order does not bar a civil suit.

5. Police seizures not produced in court: sections 503 to 505

• When a police seizure is reported to a Magistrate and the property is not produced at a trial, the Magistrate may order its delivery to the person entitled. If that person is unknown, he issues a proclamation calling for claims within six months (section 503, old 457).
• If no one establishes a claim and the person in whose possession it was found cannot show it was lawfully acquired, the property is placed at the disposal of the State Government and may be sold (section 504, old 458), with an appeal.
• Perishable property, or property whose sale would benefit the owner, or property worth less than ten thousand rupees, may be sold at any time (section 505, old 459).

6. Problem: the seized car

The police seize A’s car, said to have been used to carry stolen goods. A is not named as an accused. Eight months later the car is still at the police station. Advise A.

Issue. Whether A can get interim custody of the car before the trial ends.

Law. Section 497 allows interim custody; the court must prepare a statement within 14 days, photograph or video the property, and order its delivery or disposal within 30 days. Sunderbhai Ambalal Desai holds that vehicles should not be kept at police stations for long.

Application. The car is property “used for the commission of an offence”. Its condition can be recorded by photograph and video, which are admissible as evidence, so the vehicle itself is not needed in court. A is the registered owner and not an accused. Eight months of detention defeats the time limits in section 497(5).

Conclusion. A should apply to the Magistrate under section 497 for interim custody. The court is likely to release the car to him on a bond and security to produce it if required, after photography and videography.

How this is examined

A 10-mark question in January 2026. Write section 497 with the 14-day statement, photography and videography, and the 30-day order; then section 498 at the end of the case; then sections 499 to 505 briefly; and cite Sunderbhai Ambalal Desai. A release-of-vehicle problem can be answered with the same law.