Bharatiya Nagarik Suraksha Sanhita, 2023
Section 499
Payment to innocent purchaser of money found on accused
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 within six months from the date of such order.
Why this exists
An honest buyer who unknowingly purchases stolen goods loses both the goods (once returned to the true owner) and the money they paid, through no fault of their own. This provision softens that unfairness by letting courts compensate the innocent purchaser from money recovered from the thief, rather than leaving the buyer to bear the full loss alone. It corresponds to section 453 of the earlier CrPC.
Common misconceptions
- Myth: Any buyer of stolen goods can get their money back from the court.
Fact: Only a buyer who genuinely did not know and had no reason to believe the goods were stolen qualifies for this remedy.