CrPC Section 459 is now BNSS 505: Power to sell perishable property

Code of Criminal Procedure, 1973 · applies to offences and proceedings before 1 July 2024

ChangedCrPC 459 → BNSS 505

BPR&D's comparison records a change. Read what changed before relying on the old wording.

What changed, per BPR&D: "five hundred rupees" is replaced by "less than ten thousand rupees".

Printed in both official correspondence tables (BPR&D and NCRB).

CrPC 459: Power to sell perishable property

Before 1 July 2024

If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is [less than five hundred rupees], the Magistrate may at any time direct it to be sold; and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

BNSS 505: Power to sell perishable property

From 1 July 2024

If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten thousand rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

Everything BNSS 505 replaced →

Which one applies

Procedure follows the proceeding. Under section 531(2)(a) of the BNSS, an appeal, application, trial, inquiry or investigation already pending on 1 July 2024 continues under the CrPC; one begun on or after that date proceeds under the BNSS.

Read BNSS section 531 →

Judgments decided under CrPC 459

They remain the law on CrPC 459. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.

Sources

BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.