Section 500 of BNSS, 2023 — Appeal Against Orders Under Section 498 or Section 499

Introduction

Section 500 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a right of appeal against certain orders concerning the disposal of property. It deals with appeals against orders passed under Section 498 or Section 499.

The provision ensures that a person affected by an order relating to property has a statutory remedy to challenge that order before the appropriate appellate Court.

Meaning of Section 500

Section 500 provides for an appeal against orders passed under Section 498 or Section 499. These sections concern the disposal of property at the conclusion of trial and payment to an innocent purchaser of money found on an accused.

The provision establishes the appellate remedy available against such orders.

Statutory Basis

Section 500 of BNSS, 2023 provides for:

• Appeal against orders under Section 498.
• Appeal against orders under Section 499.
• Appellate examination of the order.
• Remedy for persons affected by the order.

Object and Purpose

The provision serves the following purposes:

• To provide a statutory remedy against certain property-related orders.
• To protect the interests of persons affected by such orders.
• To enable appellate scrutiny of the decision of the Criminal Court.
• To ensure that property-related orders are subject to the appellate process provided by law.

Essential Elements

1. There Must Be an Order Under Section 498 or Section 499

The right of appeal under Section 500 arises against an order passed under Section 498 or Section 499.

2. The Order Must Be One Covered by the Provision

The appeal must relate to an order concerning the disposal of property under Section 498 or payment to an innocent purchaser under Section 499.

3. The Appeal Must Be Filed Before the Appropriate Court

The appeal must be presented before the Court having appellate jurisdiction in accordance with the applicable legal requirements.

4. The Appellate Court May Examine the Order

The appellate Court may consider the legality and correctness of the order under the applicable appellate procedure.

Procedure

The general procedure under Section 500 may be understood as follows:

1. The Criminal Court passes an order under Section 498 or Section 499.
2. A person affected by the order seeks to challenge it.
3. An appeal is presented before the appropriate appellate Court.
4. The appellate Court examines the order in accordance with law.
5. The appeal is decided according to the applicable appellate procedure.

Powers of the Appellate Court

The appellate Court may examine the order appealed against and pass an appropriate decision in accordance with the law governing the appeal.

The scope of the appellate Court’s powers depends upon the applicable statutory provisions and the nature of the order.

Important Distinctions

Appeal Under Section 500 and Revision

An appeal is a statutory remedy provided by law. Revision is a separate supervisory jurisdiction exercised by a higher Court. Section 500 specifically provides for an appeal against orders under Section 498 or Section 499.

Section 498 and Section 500

Section 498 concerns the disposal of property at the conclusion of trial. Section 500 provides the appellate remedy against orders passed under Section 498.

Section 499 and Section 500

Section 499 concerns payment to an innocent purchaser of money found on an accused. Section 500 provides the appellate remedy against orders passed under Section 499.

BNSS and CrPC

Section 500 of BNSS corresponds to Section 454 of the Code of Criminal Procedure, 1973, which dealt with appeals against orders under Section 452 or Section 453.

The provision continues the earlier procedural framework concerning appeals against certain property-related orders. The corresponding BNSS provision should be applied according to its own statutory language.

Common Confusions

Does Section 500 create a right of appeal against every property-related order?

No. It specifically concerns appeals against orders under Section 498 or Section 499.

Is an appeal the same as revision?

No. Appeal and revision are separate legal remedies. Section 500 specifically provides for an appeal against the orders covered by the provision.

Can an appeal be filed against an order under Section 497?

Section 500 specifically refers to orders under Section 498 or Section 499. Section 497 deals with custody and disposal of property pending inquiry or trial.

Topic at a Glance

• Topic: Appeal against orders under Section 498 or Section 499.
• BNSS Section: 500.
• Purpose: To provide an appellate remedy against certain property-related orders.
• Authority: Appropriate appellate Court.
• Main principle: Orders under Section 498 or Section 499 may be challenged through the statutory appeal provided by Section 500.
• Related CrPC Provision: Section 454 of the Code of Criminal Procedure, 1973.

Quick Revision

• Section 500 of BNSS deals with appeals against orders under Section 498 or Section 499.
• Section 498 concerns disposal of property at the conclusion of trial.
• Section 499 concerns payment to an innocent purchaser of money found on an accused.
• Section 500 provides the statutory appellate remedy against such orders.
• The appeal must be presented before the appropriate appellate Court.
• Section 500 corresponds to Section 454 of the CrPC.

ALSO READ: Section 499 – Payment to innocent purchaser of money found on accused

Conclusion

Section 500 of BNSS provides an appellate remedy against orders concerning the disposal of property and payment to an innocent purchaser. It ensures that persons affected by such orders can seek appellate examination in accordance with the law.