Section 508 BNSS: Proceedings in wrong place (Formerly Section 462 CrPC)

Section 508 of Bharatiya Nagarik Suraksha Sanhita, 2023: Proceedings in wrong place

Official Bare Act Text

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

No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice.

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 508

Section 508 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 462 of the CrPC, 1973) provides that proceedings conducted in the wrong local area (territorial defect) shall not be set aside unless it appears that such error has in fact occasioned a failure of justice.

Territorial Defect Curable: No finding, sentence, or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial, or other proceedings took place in a wrong sessions division, district, or local area.
Failure of Justice Test: Only set aside if it appears that such territorial error has in fact occasioned a failure of justice.
Distinction Between Subject-Matter & Territorial Jurisdiction: Subject-matter jurisdiction cannot be cured, whereas territorial jurisdiction defects are curable.

Key Landmark Precedents:

Nasiruddin Khan v. State of Bihar, (1973) 3 SCC 99: The Supreme Court held that Section 462 CrPC (Section 508 BNSS) cures defects of local territorial jurisdiction unless the appellant demonstrates prejudice or a failure of justice.
Trisuns Chemical Industry v. Rajesh Agarwal, (1999) 8 SCC 686: Affirmed that a Judicial Magistrate's power to take cognizance is not strictly crippled by local territorial boundaries at the threshold stage.

Courtroom Practice & Strategic Litigation Guidance:

To successfully challenge a conviction on grounds of wrong territorial venue under Section 508, establish concrete prejudice—such as inability to summon vital local defence witnesses or extreme logistical handicap.