Section 506 BNSS: Irregularities which do not vitiate proceedings

Section 506 BNSS Bare Act Text

506. Irregularities which do not vitiate proceedings

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.

Source: Section 506, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 506 BNSS in Simple Words

When Section 506 BNSS Applies

• Section 506 BNSS speaks of a Magistrate not empowered by law to do any of the listed things, who erroneously in good faith does that thing.
• The listed things include to issue a search-warrant under Section 97 BNSS, to order the police to investigate an offence under Section 174 BNSS, and to hold an inquest under Section 196 BNSS.
• They also include to issue process under Section 207 BNSS for the apprehension of a person within the local jurisdiction who has committed an offence outside the limits of such jurisdiction, and to take cognizance of an offence under clause a or clause b of Section 210(1) BNSS.
• They also include to make over a case under Section 212(2) BNSS, to tender a pardon under Section 343 BNSS, to recall a case and try it himself under Section 450 BNSS, and to sell property under Section 504 BNSS or Section 505 BNSS.
• The proceedings of the Magistrate shall not be set aside merely on the ground of the Magistrate not being so empowered.

Example of Section 506 BNSS

When Section 506 BNSS Does Not Apply

• Section 506 BNSS speaks of a Magistrate who erroneously in good faith does a listed thing. It does not deal with irregularities which vitiate proceedings, which are the subject of Section 507 BNSS.
• Section 506 BNSS speaks of the listed things. It does not deal with the effect of omission to frame, or absence of, or error in, a charge, which is the subject of Section 510 BNSS.

Section 506 BNSS in the CrPC (Previous Law)

FAQs on Section 506 BNSS

Sections Related to Section 506 BNSS