Section 502 BNSS: Power to Restore Possession of Immovable Property
Section 502 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a criminal court, after conviction in specified circumstances, to restore possession of immovable property to a person who was dispossessed through criminal force, a show of force, or criminal intimidation. The provision is restorative in nature and does not finally determine civil title or ownership.
- A conviction must have occurred.
- The dispossession must be connected with criminal force, show of force, or criminal intimidation.
- The trial court may order restoration of possession and may direct forcible eviction if necessary.
- An order under sub-section (1) must be made within one month from the date of conviction.
- If the trial court does not pass the order, the appellate, confirmation, or revisional court may do so while disposing of the proceeding.
- The order does not prejudice rights or interests that may later be established in a civil suit.
Statutory Text of Section 502 BNSS
502. Power to restore possession of immovable property.
(1) When a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such use of force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property:
Provided that no such order shall be made by the Court more than one month after the date of the conviction.
(2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.
(3) Where an order has been made under sub-section (1), the provisions of section 500 shall apply in relation thereto as they apply in relation to an order under section 499.
(4) No order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.
Official text: India Code - Bharatiya Nagarik Suraksha Sanhita, 2023.
Meaning and Scope of Section 502
Section 502 is intended to provide prompt restorative relief where dispossession of immovable property is directly connected with the criminal conduct for which the accused has been convicted. The section does not create a substitute for a civil suit over title. Instead, it enables the criminal court to restore the possession disturbed by force or intimidation, subject to the conditions stated in the provision.
1. Conviction is a prerequisite
The power under Section 502(1) arises when a person has been convicted of an offence involving the use of criminal force, a show of force, or criminal intimidation, and the court finds that the relevant conduct caused another person to be dispossessed of immovable property.
2. Connection between the offence and dispossession
It is not enough that a property dispute exists. The court must be satisfied that the dispossession resulted from the criminal force, show of force, or intimidation associated with the offence for which the conviction was recorded.
3. Restoration may include eviction
If the statutory conditions are satisfied, the court may direct restoration of possession and, where necessary, may order the eviction by force of another person who is in possession of the property.
4. One-month time limit for the trial court
The proviso to Section 502(1) states that the trial court cannot make the restoration order more than one month after the date of conviction. This express time limit should therefore be considered immediately after conviction where restoration is sought.
5. Appellate, confirmation, or revisional court may act
Under Section 502(2), if the trial court did not make an order under sub-section (1), the court dealing with an appeal, confirmation, or revision may make an appropriate restoration order while disposing of that proceeding.
6. Civil rights remain unaffected
Section 502(4) expressly protects any right or interest in the immovable property that a person may establish in a civil suit. A restoration order under Section 502 therefore concerns possession in the criminal proceeding and is not a final adjudication of civil ownership or title.
Relevant Definitions under the Bharatiya Nyaya Sanhita, 2023
Criminal force - Section 129 BNS
Section 129 of the Bharatiya Nyaya Sanhita, 2023 describes criminal force as the intentional use of force to another person, without that person's consent, for committing an offence, or with the intention or knowledge that the force is likely to cause injury, fear, or annoyance.
Criminal intimidation - Section 351 BNS
Section 351 of the Bharatiya Nyaya Sanhita, 2023 covers threats made by any means to cause injury to a person's body, reputation, or property, or to certain persons connected with that person, where the required intent is to cause alarm or compel an act or omission as described in the provision.
For the current statutory text of the Bharatiya Nyaya Sanhita, 2023, refer to the India Code BNS page.
Section 502 BNSS and Old Section 456 CrPC
Section 502 BNSS substantially carries forward the earlier power contained in Section 456 of the Code of Criminal Procedure, 1973. The numbering has changed under the BNSS, while the core mechanism of restoring possession after dispossession by force or intimidation remains substantially similar.
| Subject | BNSS, 2023 | Earlier CrPC, 1973 |
|---|---|---|
| Restoration of possession of immovable property | Section 502 | Section 456 |
| Trigger | Conviction connected with criminal force, show of force, or criminal intimidation causing dispossession | Substantially similar |
| Trial court time limit | Within one month after conviction | Within one month after conviction |
| Civil suit rights | Expressly preserved | Expressly preserved |
When Did Section 502 BNSS Come into Force?
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. The Central Government appointed 1 July 2024 as the commencement date for the Sanhita, subject to the exception stated in the commencement notification. Section 502 is therefore part of the BNSS framework in force from 1 July 2024.
Official resources: Ministry of Home Affairs - New Criminal Laws and India Code - BNSS, 2023.
Important: Section 502 is a procedural power linked to a criminal conviction. Whether restoration should be ordered depends on the facts, the conviction, the causal connection between the offence and dispossession, and the court's satisfaction. Questions of title or other civil rights may still be determined by a competent civil court.
Frequently Asked Questions
Can possession be restored before conviction under Section 502?
Section 502(1) is framed to operate when a person has been convicted. Its restorative power under this provision is therefore linked to conviction.
Can the court remove the person who is occupying the property?
Yes. Where the statutory conditions are met, Section 502(1) permits restoration after evicting by force, if necessary, another person who may be in possession.
Does an order under Section 502 decide ownership of the property?
No. Section 502(4) expressly provides that the order does not prejudice any right or interest in the property that a person may establish in a civil suit.
What if the trial court did not pass a restoration order?
Section 502(2) permits the court of appeal, confirmation, or revision to make such an order while disposing of the relevant proceeding, if it considers it appropriate.