Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 504: 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 502 shall apply in relation thereto as they apply in relation to an order under section 501.
(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.
Brefe Detail
This section grants the Court the authority to restore possession of immovable property to individuals who have been dispossessed due to criminal force, intimidation, or similar actions. It outlines the conditions under which such restoration can occur, including time limitations and the applicability of related sections.
Question & Answers
What does Section 504 empower the Court to do?
Section 504 empowers the Court to restore possession of immovable property to a person who has been dispossessed through criminal force or intimidation.
What is the time limit for the Court to make an order under this section?
The Court must make an order within one month of the date of the conviction.
Can a Court of appeal also make an order under this section?
Yes, if the Court trying the offence has not made an order, the Court of appeal, confirmation, or revision may do so.
How does this section relate to Section 502?
The provisions of Section 502 apply to any order made under Section 504 in a similar manner as they apply to orders made under Section 501.
Does this section affect civil rights to the property?
No, any order made under this section does not prejudice any right or interest that a person may establish in a civil suit.
Example
- If a person is convicted for using criminal force to evict someone from their home, the Court may order that the evicted person be restored to their property within one month of the conviction.
- If the initial Court does not make a restoration order, the person can appeal, and the appellate Court has the authority to grant that order.
Summary
Section 504 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows the Court to restore possession of immovable property to individuals wrongfully dispossessed through criminal actions. It sets a one-month time limit for such orders, ensures that appellate Courts can also make these orders, and clarifies that these actions do not interfere with any civil rights to the property.
