Section 453 CrPC: Payment to an Innocent Purchaser
Section 453 of the Code of Criminal Procedure, 1973 (CrPC) protects a purchaser who bought stolen property in good faith from a person later convicted of theft or receiving stolen property. It permits a criminal court, subject to specific statutory conditions, to reimburse the purchaser from money taken from the convicted person upon arrest. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 499.
Section 453 CrPC - statutory provision
When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him.
The word may gives the court discretion: payment is not automatic merely because the purchaser acted honestly.
Current law: Section 499 BNSS
Section 499 of the Bharatiya Nagarik Suraksha Sanhita, 2023 addresses payment to an innocent purchaser from money found on an accused person. The BNSS came into force on 1 July 2024. Section 453 CrPC remains relevant to proceedings governed by the former Code, subject to the repeal and savings provisions of Section 531 BNSS and the facts of the particular case.
For the authoritative text and any amendments, consult the India Code legislation database and the Ministry of Home Affairs.
Meaning and legal requirements
Who is an innocent purchaser?
An innocent purchaser is someone who bought the property without actual knowledge, or reason to believe, that it was stolen. Good faith is a question of evidence, not merely an assertion by the buyer.
Conditions for relief
- The seller must have been convicted of an offence involving theft or receiving stolen property.
- The applicant must prove that the property was purchased from that convicted person without knowing, or having reason to believe, it was stolen.
- Money must have been taken from the convicted person's possession on arrest.
- The stolen property must be restored to the person entitled to its possession.
- The innocent purchaser must apply to the court for an order.
Even when these requirements are met, the court can award only an amount not exceeding the price actually paid, and payment is made out of the qualifying money recovered on arrest. The section does not create an unlimited right to compensation from public funds.
How an application is considered
The purchaser should identify the criminal case and conviction, provide proof of purchase and payment, explain the circumstances establishing lack of knowledge, and show that the property has been restored to its rightful possessor. The court considers the evidence, available recovered money, and the interests of affected parties before deciding whether to direct payment.
Relevant supporting records may include a receipt, bank transfer, seller correspondence, seizure memo and restitution record. These are examples of evidence, not a fixed statutory checklist.
Frequently asked questions
Does an innocent purchaser automatically get a refund?
No. The court has discretion, and the statutory conditions must be proved.
Can the purchaser receive more than the purchase price?
No. The amount ordered under this provision cannot exceed the price paid and is limited by the money qualifying for payment under the section.
Must the stolen property be returned first?
The provision requires restitution of the stolen property to the person entitled to possession as a condition of payment.
Which law applies after 1 July 2024?
Section 499 BNSS is the corresponding current provision, while the application of CrPC to pending matters depends on the savings rules under Section 531 BNSS.
This article is for general legal information. The statutory text and procedural rules applicable to a particular proceeding should be checked against current official legislation and court orders.