Introduction
Section 499 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the payment of money to an innocent purchaser when money is found on an accused person. The provision provides a mechanism for dealing with such money through the Court.
It is intended to protect a person who has innocently purchased property connected with a criminal case and to ensure that the money is dealt with under judicial authority.
Meaning of Section 499
Section 499 provides for the payment of money to an innocent purchaser of money found on an accused. The provision concerns the circumstances in which money is recovered from an accused person and another person claims to have innocently purchased it.
The Court may make an appropriate order regarding the payment of such money in accordance with the statutory requirements.
Statutory Basis
Section 499 of BNSS, 2023 provides for:
- Money found on an accused person.
- An innocent purchaser of such money.
- Payment of money to the innocent purchaser.
- Judicial supervision over the payment.
Object and Purpose
The provision serves the following purposes:
- To protect an innocent purchaser.
- To ensure that money recovered from an accused is dealt with lawfully.
- To provide a mechanism for payment where the statutory conditions are satisfied.
- To prevent an innocent purchaser from suffering loss in appropriate circumstances.
Essential Elements
1. Money Must Be Found on the Accused
The provision applies where money is found on an accused person in connection with criminal proceedings.
2. There Must Be an Innocent Purchaser
The person claiming payment must be an innocent purchaser of the money. The provision is concerned with the protection of a person who acquired the money innocently.
3. The Court May Pass an Order for Payment
The Court may make an appropriate order for payment of the money to the innocent purchaser, subject to the statutory requirements.
4. Payment Must Be Made in Accordance with Law
The money must be dealt with under judicial authority and in accordance with the applicable legal requirements.
Procedure
The general procedure under Section 499 may be understood as follows:
- Money is found on an accused person.
- The money becomes connected with the criminal proceedings.
- A person claims to be an innocent purchaser of the money.
- The Court considers the claim in accordance with the statutory requirements.
- The Court may pass an appropriate order for payment.
- The money is dealt with in accordance with the order of the Court.
Powers of the Court
The Criminal Court may:
- Consider a claim by an innocent purchaser.
- Pass an appropriate order regarding payment of the money.
- Ensure that the money is dealt with under judicial supervision.
The power must be exercised in accordance with the statutory requirements and the circumstances of the case.
Important Distinctions
Innocent Purchaser and Accused Person
An innocent purchaser is a person who claims to have acquired the money innocently. The accused person is the person from whom the money was found. Section 499 concerns the payment of money to the innocent purchaser where the statutory conditions are satisfied.
Custody of Money and Payment of Money
Custody concerns the holding of money during criminal proceedings. Payment concerns the Court’s order for transferring the money to an innocent purchaser in accordance with law.
BNSS and CrPC
Section 499 of BNSS corresponds to Section 453 of the Code of Criminal Procedure, 1973, which dealt with the payment to an innocent purchaser of money found on an accused.
The provision continues the earlier procedural framework concerning the protection of an innocent purchaser. The corresponding BNSS provision should be applied according to its own statutory language.
Common Confusions
Does every person who claims to have purchased the money automatically receive payment?
No. The person must satisfy the statutory requirements for payment as an innocent purchaser.
Does Section 499 apply to every type of property?
The provision specifically concerns money found on an accused and the payment of that money to an innocent purchaser.
Is the Court required to make payment in every case?
The Court may make an appropriate order for payment where the statutory conditions are satisfied.
Topic at a Glance
- Topic: Payment to innocent purchaser of money found on accused.
- BNSS Section: 499.
- Purpose: Protection of an innocent purchaser and lawful payment of money.
- Authority: Criminal Court.
- Main principle: Money found on an accused may be dealt with through a judicial order for payment to an innocent purchaser where the statutory conditions are satisfied.
- Related CrPC Provision: Section 453 of the Code of Criminal Procedure, 1973.
Quick Revision
- Section 499 of BNSS deals with payment to an innocent purchaser of money found on an accused.
- The provision concerns money recovered from an accused person.
- The claimant must be an innocent purchaser.
- The Court may pass an appropriate order for payment.
- Payment must be made in accordance with the statutory requirements.
- Section 499 corresponds to Section 453 of the CrPC.
ALSO READ: Section 498 – Order for disposal of property at conclusion of trial
Conclusion
Section 499 of BNSS provides a procedural mechanism for protecting an innocent purchaser of money found on an accused. It enables the Criminal Court to consider the claim and make an appropriate order for payment in accordance with law.
