Delhi
Bnss (Identification of Case Property) Rules, 2025
[28th February 2025]
PREAMBLE
In exercise of the
powers conferred under sub-section (2) of section 497 of The Bharatiya Nagarik
Suraksha Sanhita, 2023 (Act 46 of 2023), read with Notification bearing S.O.
No. 2506(E) dated 28.06.2024 of the Ministry of Home Affairs, Government of
India, New Delhi, the Lieutenant Governor of NCT of Delhi hereby makes the
following rules, namely:-
Rule 1. Short title and Commencement.
(i)
These rules may be called the Delhi BNSS
(Identification of Case Property) Rules, 2025.
(ii)
They shall extend to the whole of the
National Capital Territory of Delhi.
(iii) They shall come into force on the date of their
publication in the Delhi Gazette.
Rule 2. Definitions.
(1)
In these Rules, unless the context otherwise
requires:-
(a)
BNSS means the Bharatiya Nagarik Suraksha
Sanhita, 2023;
(b)
competent Court means the Criminal Court or
the Magistrate empowered to take cognizance or commit the case for trial;
(c)
Rules mean the Delhi BNSS (Identification of
Case Property) Rules, 2024;
(d)
property means the property as referred to in
Explanation to sub-section (1) of Section 497 of BNSS;
(2) All other words and expressions shall have the same
meaning as assigned to them in the BNSS.
Rule 3. Production of property before the competent Court.
Where any property is
produced before the competent Court, the person producing the property shall
produce the seizure memo or any document(s) containing the description of the
property for perusal of the competent Court.
Rule 4. Preparation of statement of identification of case property.
When any property is
produced before the competent Court during investigation, inquiry or trial, the
competent Court shall, within a period of fourteen days from the production of
the property before it, prepare a statement of such property containing its
description in the Form as specified in Schedule 1 appended to these Rules:
Provided that if any
test identification proceedings are required to be carried out in respect of
the said property, the same shall be completed before the preparation of the
statement of identification of case property.
Rule 5. Photographs, videography etc.
(1)
The competent Court shall cause to be taken
photocopies where applicable, photographs from all angles and if necessary,
videography on mobile phone or any electronic media of the property produced
before it.
(2) Where the property produced is such of which samples are
required to be taken such as liquor bottles/pouches etc., the competent Court
shall cause to be taken samples of the property as well as photographs of the
entire lot of the seized property and if necessary, videography on mobile phone
or any electronic media.
Rule 6. Production of property during trial.
The actual production of
the property shall not be insisted upon during the trial and the photocopies
where applicable, photographs along with the video-recording if any, sample, if
any and statement of identification of case property shall be used as evidence
in any inquiry, trial or other proceeding under the Sanhita.
SCHEDULE 1
FORM
(Under Section 497(2) BNSS)
STATEMENT OF IDENTIFICATION OF CASE PROPERTY
(1)
FIR No..........dated..........under
section(s)
(2)
Police Station:
(3)
Name of the property:
(4)
Description and number of property/article,
including quantity, where applicable.
(5)
Nature of the property: Perishable or
non-perishable:
(6)
Date of receipt/seizure of property by the
police:
(7)
From whom received/seized:
(8)
Date of production of the property before the
court:
(9)
Whether the
photographs/photocopies/videography of the property/article have been taken:
(10)
Whether sample of property taken or not:
(11)
Date of test identification proceedings, if
any, in respect of the property:
(12) Any remarks with respect to the property:
(Signature of the
Presiding Officer)
Name and designation of
the Presiding Officer
DATED: