Section 507 BNSS: Irregularities which vitiate proceedings

Section 507 BNSS Bare Act Text

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.

Source: Section 507, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 507 BNSS in Simple Words

When Section 507 BNSS Applies

• 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.
• 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.
• 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.
• 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.
• 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.

Example of Section 507 BNSS

When Section 507 BNSS Does Not Apply

• Section 507 BNSS speaks of things done by a Magistrate not empowered by law in this behalf, whose proceedings shall be void. It does not deal with irregularities which do not vitiate proceedings, which Section 506 BNSS speaks of.
• Section 507 BNSS speaks of things done by a Magistrate not empowered by law in this behalf. It does not deal with proceedings in the wrong place, which Section 508 BNSS speaks of.

Section 507 BNSS in the CrPC (Previous Law)

FAQs on Section 507 BNSS

Sections Related to Section 507 BNSS