Section 509 BNSS: Non-compliance with provisions of section 183 or section 316

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 509 BNSS at a Glance

Section 509 BNSS deals with non-compliance with provisions of section 183 or section 316. It replaced Section 463 CrPC on 1 July 2024.

Was CrPC

Section 463 →

Section 509 BNSS Bare Act Text

(1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 183 or section 316, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in section 94 of the Bharatiya Sakshya Adhiniyam, 2023, take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement.

(2) The provisions of this section apply to Courts of appeal, reference and revision.

Source: Section 509, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 509 BNSS in Simple Words

Section 509 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a Court before which a confession or other statement of an accused person, recorded or purporting to be recorded under Section 183 BNSS or Section 316 BNSS, is tendered or has been received in evidence.

If the Court finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may take evidence in regard to such non-compliance.

It may admit the statement if satisfied that the non-compliance has not injured the accused in the defence on the merits and that the accused duly made the statement recorded.

When Section 509 BNSS Applies

  • Section 509(1) BNSS speaks of a Court before which a confession or other statement of an accused person, recorded or purporting to be recorded under Section 183 BNSS or Section 316 BNSS, is tendered or has been received in evidence.
  • The Court may take evidence in regard to non-compliance when it finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement.
  • The Court may do so notwithstanding anything contained in Section 94 of the Bharatiya Sakshya Adhiniyam, 2023.
  • The Court may admit the statement if satisfied that the non-compliance has not injured the accused in the defence on the merits and that the accused duly made the statement recorded.
  • Under Section 509(2) BNSS, the provisions of Section 509 BNSS apply to Courts of appeal, reference and revision.

Example of Section 509 BNSS

A statement of the accused Rohit, recorded under Section 183 BNSS, is tendered in evidence before a Court. The Court finds that a provision of Section 183 BNSS has not been complied with by the Magistrate recording the statement. Section 509(1) BNSS says the Court may take evidence in regard to such non-compliance, and may admit the statement if satisfied that the non-compliance has not injured Rohit in the defence on the merits and that Rohit duly made the statement recorded.

When Section 509 BNSS Does Not Apply

  • Section 509 BNSS speaks of non-compliance with Section 183 BNSS or Section 316 BNSS by the Magistrate recording the statement. 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 509 BNSS speaks of the admission of a recorded statement. It does not deal with proceedings in a wrong place, which are the subject of Section 508 BNSS.

Section 509 BNSS in the CrPC (Previous Law)

Section 509 BNSS replaced Section 463 CrPC from 1 July 2024.

Section 509 BNSS reads Section 183 BNSS and Section 316 BNSS where Section 463 CrPC read Section 164 CrPC and Section 281 CrPC, in the heading and in sub-section 1. Section 509(1) BNSS reads Section 94 of the Bharatiya Sakshya Adhiniyam, 2023 where Section 463(1) CrPC read Section 91 of the Indian Evidence Act, 1872. The other words read the same, and Section 509(2) BNSS reads the same as Section 463(2) CrPC.

Each sub-section below names its own source.

FAQs on Section 509 BNSS

What may a Court do under Section 509(1) BNSS if Section 183 BNSS or Section 316 BNSS has not been complied with?▼

The Court may take evidence in regard to such non-compliance, notwithstanding anything contained in Section 94 of the Bharatiya Sakshya Adhiniyam, 2023.

When may the Court admit the statement under Section 509(1) BNSS?▼

The Court may admit the statement if satisfied that the non-compliance has not injured the accused in the defence on the merits and that the accused duly made the statement recorded.

Does Section 509 BNSS apply to Courts of appeal, reference and revision?▼

Yes. Section 509(2) BNSS says the provisions of Section 509 BNSS apply to Courts of appeal, reference and revision.

What changed from Section 463 CrPC to Section 509 BNSS from 1 July 2024?▼

Section 509 BNSS reads Section 183 BNSS and Section 316 BNSS where Section 463 CrPC read Section 164 CrPC and Section 281 CrPC, in the heading and in Section 509(1) BNSS. Section 509(1) BNSS reads Section 94 of the Bharatiya Sakshya Adhiniyam, 2023 where Section 463(1) CrPC read Section 91 of the Indian Evidence Act. Section 509(2) BNSS reads the same as Section 463(2) CrPC.

Section 509 BNSS: Sub-sections Explained

Section 509(1) BNSS: Non-compliance with provisions of section 164 or section 281

▶

Bare Act Text

(1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 183 or section 316, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in section 94 of the Bharatiya Sakshya Adhiniyam, 2023, take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement.

Previous Law

CrPC 463 → Section 509(1) BNSS

Section 509(2) BNSS: Non-compliance with provisions of section 164 or section 281

▶

Bare Act Text

(2) The provisions of this section apply to Courts of appeal, reference and revision.

Previous Law

CrPC 463(2) → Section 509(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·