CrPC 461→BNSS 507

CrPC 461 to BNSS 507: Irregularities which vitiate proceedings

Section 461 CrPC (1973) replaced by Section 507 BNSS (2023)

View CrPC Section 461 →View BNSS Section 507 →

CrPC 461 to BNSS 507 at a Glance

Section 461 CrPC (Irregularities which vitiate proceedings) is now Section 507 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 461 to BNSS 507?

Section 461 of the Code of Criminal Procedure, 1973 was replaced by Section 507 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The heading is the same. Section 507(b) BNSS reads a postal authority where Section 461(b) CrPC read a postal or telegraph authority. Section 507(a) BNSS, Section 507(h) BNSS, Section 507(i) BNSS, Section 507(k) BNSS, Section 507(n) BNSS, Section 507(p) BNSS and Section 507(q) BNSS refer to Section 85 BNSS, Section 152 BNSS, Section 162 BNSS, Section 210 BNSS, Section 364 BNSS, Section 438 BNSS and Section 491 BNSS where Section 461(a) CrPC, Section 461(h) CrPC, Section 461(i) CrPC, Section 461(k) CrPC, Section 461(n) CrPC, Section 461(p) CrPC and Section 461(q) CrPC referred to Section 83 CrPC, Section 133 CrPC, Section 143 CrPC, Section 190 CrPC, Section 325 CrPC, Section 397 CrPC and Section 446 CrPC. Section 507(j) BNSS refers to Chapter XI where Section 461(j) CrPC referred to Chapter X. The other clauses are in the same words.

CrPC 461 vs BNSS 507: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section461507
HeadingIrregularities which vitiate proceedingsSame
Cross-referencess.83, s.133, s.143, s.190, s.325, s.397, s.446s.85, s.152, s.162, s.210, s.364, s.438, s.491

CrPC 461 and BNSS 507: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 461, CrPC 1973

461. Irregularities which vitiate proceedings.—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 83; (b) issues a search-warrant for a document, parcel or other things in the custody of a postal or telegraph 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 133 as to a local nuisance; (i) prohibits, under section 143, the repetition or continuance of a public nuisance; (j) makes an order under Part C or Part D of Chapter X; (k) takes cognizance of an offence under clause (c) of sub-section (1) of section 190; (l) tries an offender; (m) tries an offender summarily; (n) passes a sentence, under section 325, on proceedings recorded by another Magistrate; (o) decides an appeal; (p) calls, under section 397, for proceedings; or (q) revises an order passed under section 446, his proceedings shall be void.
BNSS 2023 (in force)

Section 507, BNSS 2023

507. Irregularities which vitiate proceedings.—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.

When It Applies: CrPC 461 vs BNSS 507

Under CrPC 461
  1. Section 461 CrPC speaks of a Magistrate who is not empowered by law in this behalf and who does any of the things listed in the section.
  2. Section 461(a) CrPC and Section 461(b) CrPC speak of attaching and selling property under Section 83 CrPC, and of issuing a search-warrant for a document, parcel or other things in the custody of a postal or telegraph authority.
  3. Section 461(c) CrPC to Section 461(g) CrPC speak of demanding security to keep the peace, demanding security for good behaviour, discharging a person lawfully bound to be of good behaviour, cancelling a bond to keep the peace and making an order for maintenance.
  4. Section 461(h) CrPC to Section 461(j) CrPC speak of an order under Section 133 CrPC as to a local nuisance, a prohibition under Section 143 CrPC of the repetition or continuance of a public nuisance, and an order under Part C or Part D of Chapter X.
  5. Section 461(k) CrPC to Section 461(q) CrPC speak of taking cognizance of an offence under Section 190(1)(c) CrPC, trying an offender, trying an offender summarily, passing a sentence under Section 325 CrPC on proceedings recorded by another Magistrate, deciding an appeal, calling for proceedings under Section 397 CrPC and revising an order passed under Section 446 CrPC.
Under BNSS 507
  1. Section 507 BNSS speaks of a Magistrate who is not empowered by law in this behalf and who does any of the things listed in the section.
  2. Section 507(a) BNSS and Section 507(b) BNSS speak of attaching and selling property under Section 85 BNSS, and of issuing a search-warrant for a document, parcel or other things in the custody of a postal authority.
  3. Section 507(c) BNSS to Section 507(g) BNSS speak of demanding security to keep the peace, demanding security for good behaviour, discharging a person lawfully bound to be of good behaviour, cancelling a bond to keep the peace and making an order for maintenance.
  4. Section 507(h) BNSS to Section 507(j) BNSS speak of an order under Section 152 BNSS as to a local nuisance, a prohibition under Section 162 BNSS of the repetition or continuance of a public nuisance, and an order under Part C or Part D of Chapter XI.
  5. Section 507(k) BNSS to Section 507(q) BNSS speak of taking cognizance of an offence under Section 210(1)(c) BNSS, trying an offender, trying an offender summarily, passing a sentence under Section 364 BNSS on proceedings recorded by another Magistrate, deciding an appeal, calling for proceedings under Section 438 BNSS and revising an order passed under Section 491 BNSS.

What CrPC 461 to BNSS 507 Means in Practice

From 1 July 2024, the list of irregularities which vitiate proceedings is found in Section 507 BNSS instead of Section 461 CrPC. Section 507(b) BNSS refers to a postal authority only, and the cross-references in Section 507 BNSS are to sections and a Chapter of the Bharatiya Nagarik Suraksha Sanhita, 2023.

FAQs: CrPC 461 to BNSS 507

Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 461 CrPC found in?▼

From 1 July 2024, Section 461 of the Code of Criminal Procedure, 1973 is found in Section 507 BNSS. Section 461 CrPC has no sub-sections. Section 461(a) CrPC to Section 461(q) CrPC are found in Section 507(a) BNSS to Section 507(q) BNSS respectively.

What changed between Section 461(b) CrPC and Section 507(b) BNSS?▼

Section 461(b) CrPC read a search-warrant for a document, parcel or other things in the custody of a postal or telegraph authority. Section 507(b) BNSS reads a search-warrant for a document, parcel or other things in the custody of a postal authority.

Which cross-references differ between Section 461 CrPC and Section 507 BNSS?▼

Section 507(a) BNSS, Section 507(h) BNSS, Section 507(i) BNSS, Section 507(k) BNSS, Section 507(n) BNSS, Section 507(p) BNSS and Section 507(q) BNSS refer to Section 85 BNSS, Section 152 BNSS, Section 162 BNSS, Section 210 BNSS, Section 364 BNSS, Section 438 BNSS and Section 491 BNSS where Section 461(a) CrPC, Section 461(h) CrPC, Section 461(i) CrPC, Section 461(k) CrPC, Section 461(n) CrPC, Section 461(p) CrPC and Section 461(q) CrPC referred to Section 83 CrPC, Section 133 CrPC, Section 143 CrPC, Section 190 CrPC, Section 325 CrPC, Section 397 CrPC and Section 446 CrPC. Section 507(j) BNSS refers to Chapter XI where Section 461(j) CrPC referred to Chapter X.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·