Section 500 BNSS: Appeal Against Orders Under Sections 498 or 499

Section 500 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a statutory right of appeal to a person aggrieved by certain orders concerning disposal of property after conclusion of a criminal case or payment to an innocent purchaser of stolen property.

Law: Bharatiya Nagarik Suraksha Sanhita, 2023 Act: 46 of 2023 In force: 1 July 2024 Updated: 12 September 2026

In brief: A person aggrieved by an order under Section 498 BNSS or Section 499 BNSS may appeal to the court to which appeals ordinarily lie from convictions by the court that made the order. The appellate court may stay, modify, alter or annul the order and may make any further order that is just.

Text of Section 500 BNSS

500. Appeal against orders under section 498 or section 499.

(1) Any person aggrieved by an order made by a Court or Magistrate under section 498 or section 499, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.

(2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.

(3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made.

Meaning and scope of Section 500 BNSS

Section 500 is an appellate provision. It does not create an offence or prescribe a punishment. Instead, it provides a remedy where a person is affected by an order made under Section 498 or Section 499 of the BNSS.

The expression "any person aggrieved" is important because the remedy is not restricted to the accused. A person whose legal or possessory interest is adversely affected by the relevant property order may invoke the provision, subject to the facts of the case and the ordinary requirements governing an appeal.

Orders against which an appeal may be filed

Section 498 BNSS	Concerns orders for disposal of property at the conclusion of an investigation, inquiry or trial, including destruction, confiscation or delivery of property or documents.
Section 499 BNSS	Concerns payment to an innocent purchaser who bought stolen property without knowing or having reason to believe that it was stolen, subject to the statutory conditions.
Section 500 BNSS	Provides the appeal against an order passed under Section 498 or Section 499 and defines the powers available to the appellate court.

Which court hears the appeal?

The appeal lies to the court to which appeals ordinarily lie from convictions by the court that made the impugned order. The proper appellate forum therefore depends on the court or Magistrate that passed the order and the ordinary appellate structure applicable to convictions from that court.

Powers of the appellate court

Under Section 500(2), the appellate court may:

stay the operation of the challenged order while the appeal is pending;
modify the order;
alter the order;
annul or set aside the order; and
make any further order that may be just in the circumstances.

Sub-section (3) further permits these powers to be exercised by a court of appeal, confirmation or revision while dealing with the case in which the original order was made.

Practical importance of seeking a stay

Where the challenged order directs delivery, confiscation, destruction or other disposal of property, an application for stay may be important so that the subject matter of the appeal is preserved until the appellate court decides the dispute.

Section 498 itself contains safeguards concerning the timing of implementation of certain property-disposal orders. Section 500 additionally gives the appellate court express authority to stay the order pending disposal of the appeal.

Corresponding provision under the Code of Criminal Procedure, 1973

Section 500 BNSS broadly corresponds to Section 454 of the Code of Criminal Procedure, 1973. Under the BNSS, the cross-references have become Sections 498 and 499, and the wording expressly refers to an order made by a "Court or Magistrate."

For proceedings governed by the earlier Code, the applicable provision and the saving or transitional rules should be checked before relying on Section 500 BNSS.

Related BNSS provisions

Key points to remember

Section 500 is a remedy against specified property-related orders, not a penal provision.
The appellant must be a person aggrieved by an order under Section 498 or Section 499.
The forum is the court that ordinarily hears appeals from convictions by the court that passed the order.
The appellate court has express power to grant a stay pending the appeal.
The appellate court may modify, alter or annul the order and pass further just orders.

Legal note: This page is a general statutory guide. The correct forum, limitation position, interim relief and procedural requirements depend on the facts, the court that passed the original order and the law applicable to the proceeding.