Now Reading: Karnataka High Court Orders Strict 45-Day Seized Property Timeline
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Karnataka High Court Orders Strict 45-Day Seized Property Timeline
The Karnataka High Court has ruled that courts must follow the 45-day deadline under Section 497 of the Bharatiya Nagarik Suraksha Sanhita for deciding what happens to seized property. A property statement…
The Story in Brief
The Karnataka High Court has ruled that courts must follow the 45-day deadline under Section 497 of the Bharatiya Nagarik Suraksha Sanhita for deciding what happens to seized property. A property statement must be prepared within 14 days of its production before court, followed by an order within 30 days for disposal, destruction, confiscation or delivery. Justice M. Nagaprasanna issued the ruling while allowing Mukesh Jain’s petition in a cybercrime case. His seized property remained without an order despite an application for interim custody. The court directed the Bengaluru Magistrate to decide the application within a week and said delays render the statutory mandate ineffective.
The Indian Opinion
Claims that seized property can simply remain in police or court custody ignore both the BNSS and the Supreme Court’s earlier direction against prolonged retention. But a 45-day rule does not mean every item must be handed back automatically. Courts still have to assess evidence, record it properly and decide custody or disposal lawfully. The practical test is whether Magistrates complete the statement within 14 days and pass the next order within 30 days, rather than allowing routine delay to defeat the law.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
