Section 507 BNSS: Irregularities which vitiate proceedings (Formerly Section 461 CrPC)

Section 507 of Bharatiya Nagarik Suraksha Sanhita, 2023: Irregularities which vitiate proceedings

Official Bare Act Text

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

If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely:—

(a) attaches and sells property under section 85;

(b) issues a search-warrant for a document, parcel or other things in the custody of a postal authority;

(c) demands security to keep the peace;

(d) demands security for good behaviour;

(e) discharges a person lawfully bound to be of good behaviour;

(f) cancels a bond to keep the peace;

(g) makes an order for maintenance;

(h) makes an order under section 152 as to a local nuisance;

(i) prohibits, under section 162, the repetition or continuance of a public nuisance;

(j) makes an order under Part C or Part D of Chapter XI;

(k) takes cognizance of an offence under clause (c) of sub-section (1) of section 210;

(l) tries an offender;

(m) tries an offender summarily;

(n) passes a sentence, under section 364, on proceedings recorded by another Magistrate;

(o) decides an appeal;

(p) calls, under section 438, for proceedings; or

(q) revises an order passed under section 491, his proceedings shall be void.

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 507

Section 507 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 461 of the CrPC, 1973) specifies the incurable procedural irregularities that completely vitiate proceedings, rendering them void ab initio without requiring proof of prejudice.

Catalogue of Incurable Irregularities: If any Magistrate not being empowered by law: (a) attaches and sells property under Section 85; (b) issues search-warrant for postal document; (c) demands security for keeping peace or good behaviour; (d) discharges an absconder; (e) tries an offender; (f) tries an offender summarily; (g) passes a sentence under Section 364; (h) takes cognizance under Section 210(1)(c) upon information/suspicion; (i) decides an appeal.
Absolute Nullity: Their proceedings shall be void ab initio; no cure is available under any saving provision of this Sanhita.
Strict Jurisdictional Boundaries: Enforces the doctrine that jurisdictional competence cannot be waived or cured by consent.

Key Landmark Precedents:

State of U.P. v. Singhara Singh, AIR 1964 SC 358: The Constitution Bench established the celebrated rule (originating in Taylor v. Taylor) that when a statutory power is given to do a certain thing in a certain way, it must be done in that way or not at all; trying an offender without statutory empowerment is void under Section 461 CrPC (Section 507 BNSS).
Gokulchand Dwarkadas Morarka v. King, AIR 1948 PC 82: The Privy Council affirmed that proceedings conducted without statutory jurisdiction are complete nullities.
Dipakbhai Jagdishchandra Patel v. State of Gujarat, (2019) 16 SCC 547: Reaffirmed that lack of inherent jurisdictional empowerment renders the entire trial and conviction invalid.

Courtroom Practice & Strategic Litigation Guidance:

Carefully scrutinize the magisterial allocation roster: if a second-class magistrate conducted a summary trial or took cognizance under Section 210(1)(c) without empowerment, invoke Section 507 to quash the entire conviction as an absolute nullity.