Section 462 CrPC: Proceedings in wrong place

Code of Criminal Procedure, 1973

Section 462 CrPC at a Glance

Section 462 CrPC deals with proceedings in wrong place. From 1 July 2024 it is replaced by Section 508 BNSS.

Now BNSS

Section 508 →

What Section 462 CrPC Says

462. Proceedings in wrong place

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.

Source: Section 462, Code of Criminal Procedure, 1973

Section 462 CrPC in Simple Words

Section 462 of the Code of Criminal Procedure, 1973 speaks of any finding, sentence or order of any Criminal Court.

It shall not 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.

When Section 462 CrPC Applies

  • Section 462 CrPC speaks of any finding, sentence or order of any Criminal Court.
  • It shall not be set aside merely on the ground that the inquiry, trial or other proceedings took place in a wrong sessions division, district, sub-division or other local area.
  • The exception is where it appears that such error has in fact occasioned a failure of justice.

Example of Section 462 CrPC

The trial of Rajesh took place in a wrong sub-division and ended in a sentence. Section 462 CrPC says the sentence shall not be set aside merely on the ground that the trial took place in a wrong sub-division, unless it appears that such error has in fact occasioned a failure of justice.

When Section 462 CrPC Does Not Apply

  • Section 462 CrPC speaks of proceedings in a wrong local area. It does not deal with errors, omissions or irregularities in a complaint, summons or warrant, which are the subject of Section 465 CrPC.
  • Section 462 CrPC speaks of proceedings in a wrong local area. It does not deal with irregularities which vitiate proceedings, which are the subject of Section 461 CrPC.

Section 462 CrPC Under BNSS 508: What Changed

Section 462 CrPC is now covered under Section 508 BNSS.

Section 508 BNSS has the same heading and the same text as Section 462 CrPC. Section 462 CrPC has no sub-sections, and maps as a whole to Section 508 BNSS.

View detailed comparison (CrPC 462 vs BNSS 508) →

FAQs on Section 462 CrPC

Can a sentence be set aside merely because the trial took place in a wrong district under Section 462 CrPC?▼

No. Section 462 CrPC says no finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the proceedings took place in a wrong sessions division, district, sub-division or other local area.

Which local areas are named in Section 462 CrPC?▼

Section 462 CrPC names a wrong sessions division, district, sub-division or other local area.

When does Section 462 CrPC make an exception?▼

Section 462 CrPC makes an exception where it appears that such error has in fact occasioned a failure of justice.

Where is Section 462 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 462 CrPC has no sub-sections, and maps as a whole to Section 508 BNSS from 1 July 2024.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·