How to Get a Seized Vehicle or Property Released Under the BNSS (Section 497) (2026)

How-to · Criminal · BNSS 2023

Updated for 2026 · Claw Editorial

A vehicle is seized in a case, parked in a police yard, and left to rust for years. The owner cannot use it, and by the time the case ends it is worth little. The law does not want that waste. It lets a court hand the vehicle back to the owner on conditions while the case runs. This guide explains how to get a seized vehicle or property released under Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Sections 451 and 457 of the old CrPC. It covers who can apply, interim custody, the court’s conditions, special cases, and the pitfalls. Last verified October 2026.

01Why vehicles should not rot in police yards

When a vehicle or other property is seized, it does not need to sit in a yard until the trial ends, which can take years. The property loses value, takes up space, and helps no one. The Supreme Court has said, in the well-known Sunderbhai Ambalal Desai case, that seized property should be released to the owner on proper conditions as early as possible, rather than left to decay.

Courts now expect a photograph, panchnama and valuation to be taken, and the property released on security, instead of keeping the thing itself as evidence for years.

02What Section 497 allows

Section 497 lets a criminal court make orders for the custody and disposal of property produced before it during an inquiry or trial. It can hand the property to a person for interim custody on conditions, and can order sale or other disposal where the property is perishable or it is otherwise expedient.

Interim custody of a vehicle on security is often called superdari in practice. The owner keeps and uses the vehicle during the case, on an undertaking to produce it when required and not to transfer or alter it.

03Old law to new law

The property-custody provisions moved from the CrPC to the BNSS, and courts have said the BNSS framework should now be used instead of the old sections.

Courts have noted that Section 497, read with Sections 498 to 505, sets a time-bound mechanism for dealing with seized property, and have criticised trial courts for still applying the old CrPC sections mechanically.

04Step by step: how to apply

1. Prove ownership. Gather the registration certificate, insurance, purchase documents, and for a financed vehicle, the loan papers. The applicant should be the owner or a person entitled to possession.
2. Find the right court. Apply to the court before which the case or the property is pending. Where the property was seized in investigation and is not before a court, apply to the Magistrate empowered to deal with it.
3. File the release application. Set out the seizure, the case number, proof of ownership, and a prayer for interim custody (superdari) on conditions, under Section 497.
4. Offer to preserve evidence. Ask the court to direct a photograph, panchnama and valuation of the vehicle first, so the property itself need not be held as evidence.
5. Accept reasonable conditions. Be ready to furnish a bond or bank guarantee, an undertaking to produce the vehicle, and a promise not to sell or alter it.
6. Collect the order and take custody. On the order, complete the security and take back the vehicle.

05The conditions a court usually imposes

Release is almost always conditional. Typical conditions include:

• A security bond, and sometimes a bank guarantee, for the value of the vehicle.
• An undertaking to produce the vehicle whenever the court requires it.
• A bar on selling, transferring or structurally altering the vehicle during the case.
• Photographs, a panchnama and a valuation taken before release, to stand in for the vehicle as evidence.

The modern approach is to photograph and value the vehicle, then release it on security, not to keep it parked in a yard as evidence for years.

06Special cases: NDPS and confiscation

Not every seized vehicle is released as easily. Where a special law applies, its own rules on seizure, custody and confiscation can govern or add to the general power.

For example, in a case under the Narcotic Drugs and Psychotropic Substances Act, the special statute’s provisions on seizure and confiscation apply alongside the BNSS, and release can be harder. The same is true for property liable to confiscation under other laws. In such cases, read the special law with Section 497 before you apply.

07Common pitfalls

• Weak proof of ownership. Without clear title or right to possession, the court may refuse custody. Carry the full set of documents.
• Applying under the wrong stage or section. Pending-trial property goes under Section 497; investigation-stage property goes under the counterpart section. Match the section to the stage.
• Ignoring the special law. For NDPS and confiscation cases, the general power is not enough on its own. Read the special statute.
• Breaching conditions. Selling or altering a released vehicle, or failing to produce it, can lead to cancellation of custody and further trouble.

For the law on custody and disposal of property, see disposal of property under BNSS Section 497. To stay on top of hearing dates in the case, see how to track criminal case hearings.

08Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

How soon a court hands back a seized vehicle, and on what terms, depends on authorities like Sunderbhai Ambalal Desai and on how the local court reads them. Claw lets you search 30 crore+ judgments on Section 497 and the old Sections 451 and 457 in under 5 seconds, reaching Supreme Court rulings from 1950 and High Court rulings from 1990, so you can put the right authority on early release before the court. You can also follow the application, its orders and its hearings by party or advocate name across 9,102 courts, benches and forums. Start from the all-courts case search hub. Create a free Claw account to look up release precedent and track your application by party or advocate name.

Claw follows and researches the matter; it does not file the release application for you and is no substitute for legal advice, and it does not use customer case documents to train AI models.

09Sources and further reading

• India Code (Bharatiya Nagarik Suraksha Sanhita, 2023): indiacode.nic.in
• Ministry of Home Affairs (new criminal laws): mha.gov.in
• Claw: clawlaw.in

This guide is general information, not legal advice. The law changes through amendments and judgments, so check the current text of the BNSS and take advice from counsel before you file.

10Frequently asked questions