Section 506 BNSS: Irregularities which do not vitiate proceedings (Formerly Section 460 CrPC)

Section 506 of Bharatiya Nagarik Suraksha Sanhita, 2023: Irregularities which do not vitiate proceedings

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

If any Magistrate not empowered by law to do any of the following things, namely:—

(a) to issue a search-warrant under section 97;

(b) to order, under section 174, the police to investigate an offence;

(c) to hold an inquest under section 196;

(d) to issue process under section 207, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;

(e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 210;

(f) to make over a case under sub-section (2) of section 212;

(g) to tender a pardon under section 343;

(h) to recall a case and try it himself under section 450; or

(i) to sell property under section 504 or section 505, erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 506

Section 506 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 460 of the CrPC, 1973) enumerates the procedural irregularities committed by Magistrates in good faith that do not vitiate the proceedings.

Exclusion of Vitiation for Curable Defects: If any Magistrate not empowered by law to do any of the following things erroneously in good faith does that thing: (a) issues search-warrant under Section 97; (b) orders police investigation under Section 175; (c) takes cognizance under Section 210(1)(a) or (b); (d) makes over a case under Section 212; (e) tenders pardon under Section 343; (f) sells property under Section 505.
Good Faith Prerequisite: The action must have been performed 'erroneously in good faith' without malice or corruption.
Proceedings Valid: Their proceedings shall not be set aside merely on the ground of their not being so empowered.

Key Landmark Precedents:

Purshottam Jethanand v. State of Kutch, AIR 1954 SC 700: The Supreme Court authoritatively held that taking cognizance on a police report or complaint by a Magistrate not empowered does not vitiate proceedings if done erroneously in good faith under Section 460 CrPC (Section 506 BNSS).
State of H.P. v. Gita Ram, (2000) 7 SCC 452: Affirmed that curable procedural irregularities do not affect the root of the conviction unless prejudice is established.

Courtroom Practice & Strategic Litigation Guidance:

If the prosecution argues that a magisterial defect is saved by Section 506, examine whether the Magistrate acted with lack of good faith or whether the defect actually falls under the incurable catalogue of Section 507.