Law update (1 July 2024): This article was written under the old codes. With effect from 1 July 2024, the Code of Criminal Procedure, 1973 has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Indian Evidence Act, 1872 by the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Sections 451 and 457 CrPC discussed below correspond to Sections 497 and 503 BNSS. The old codes continue to govern offences committed and proceedings pending before that date.
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Section 451-457 of CrPC
The process of superdari to release the seized goods on bail.
The release of seized goods under superdari from court in India can be done through the following steps:
- File an application for superdari: The person who wants to release the seized goods must file an application in the concerned court, seeking the release of the goods.
- Provide evidence: The applicant must provide evidence to show that they have a valid claim to the seized goods, such as ownership documents, receipts, etc.
- Present the case: The applicant must present their case in front of the judge and argue why the goods should be released.
- Order of the court: If the court is satisfied with the evidence and arguments presented, it may pass an order directing the release of the goods.
- Payment of charges: The applicant may have to pay various charges, such as court fees, storage fees, etc. before the release of the goods.
It is important to note that the release of seized goods is subject to various laws and provisions, such as the Criminal Procedure Code, the Evidence Act, and others, and may also depend on the nature of the case and the stage of proceedings. Hence, it is advisable to seek the help of a legal expert/ advocate in such matters.
Watch this video to understand in detail:
Reviewed and updated by Century Law Firm, Delhi – October 2026. Statutory references are to the Acts as in force on that date.
Superdari under the BNSS: Sections 497 to 505 and the new time limits
“Superdari” (from supurd, to entrust) is the everyday name for the court’s power to release seized property to the person entitled to it on a bond – the supurdnama – pending or after trial. Sections 451 to 459 CrPC have become Sections 497 to 505 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Two provisions do the work:
- Section 497 BNSS (formerly 451 CrPC) – property produced before the court or the Magistrate during investigation, inquiry or trial. (The CrPC covered only inquiry and trial; the BNSS extends it to the investigation stage.) The court may order its custody or, if it is subject to speedy and natural decay or is otherwise expedient, its sale or disposal. The BNSS adds a procedure the CrPC lacked: within fourteen days of the property being produced the court must have a statement of it prepared with photographs or videography (Section 497(2) and (3)); that record is admissible as evidence (497(4)); and within thirty days of the statement the court must order disposal, destruction, confiscation or delivery (497(5)). The vehicle or goods no longer need to be preserved for the trial.
- Section 503 BNSS (formerly 457 CrPC) – property seized by the police but not produced before a court during inquiry or trial. The Magistrate orders delivery to the person entitled to possession, or, if that person is unknown, directs that it be held and a proclamation issued inviting claims within six months.
- Section 498 BNSS (formerly 452) governs final disposal at the end of the trial; Section 499 (453) payment to an innocent purchaser; Section 500 (454) appeal against disposal orders; Section 505 (459) sale of perishable property.
Guidelines on vehicles and valuables
- Sunderbhai Ambalal Desai v. State of Gujarat (2002): seized vehicles should be released to the owner on bond within days, not left to rot in police compounds; valuables and currency should be released after a panchnama and photographs; the court may take security and photographs in lieu of retaining the article.
- General Insurance Council v. State of Andhra Pradesh (2010): reiterated Sunderbhai and directed Magistrates to release vehicles promptly, with insurers’ rights protected where the vehicle is insured.
- Delhi High Court practice directions (following Manjit Singh v. State, 2014) require police to release vehicles not required for investigation and Magistrates to decide superdari applications expeditiously, usually by the next date.
- Property seized under special statutes – NDPS Act (Sections 52A, 63), Customs Act, Excise Acts, Wildlife Act – follows those statutes, and vehicles used in NDPS offences are generally not released until the trial concludes.
What to file with the application
- Registration certificate, insurance and invoice (for vehicles) or title documents and receipts (for other property); the FIR and seizure memo; an affidavit of ownership; and an undertaking to produce the property when required and not to alienate it. A security bond for the property’s value is almost always demanded.
Related reading: Section 411 IPC – receiving stolen property, how to file a police complaint, criminal defence in Delhi and the Legal Sections Explained hub.
Frequently asked questions
Section 497 BNSS (formerly 451 CrPC) for property produced before the court during inquiry or trial, and Section 503 BNSS (formerly 457 CrPC) for property seized by the police but not yet produced. Final disposal is under Section 498 (formerly 452).
After the BNSS, the court must prepare a photographed inventory within 14 days of production and order disposal or delivery within 30 days after that; in practice Delhi courts often release vehicles not needed for investigation on the first or second hearing on a security bond.
Yes, unless it is case property needed as evidence or seized under a special law. Following Sunderbhai Ambalal Desai (2002), courts release currency after a panchnama and photographs, on a bond, sometimes with a direction to deposit it in a fixed deposit in the court’s name.
