Section 463 CrPC: Non-compliance with provisions of section 164 or section 281

Code of Criminal Procedure, 1973

Section 463 CrPC at a Glance

Section 463 CrPC deals with non-compliance with provisions of section 164 or section 281. From 1 July 2024 it is replaced by Section 509 BNSS.

Now BNSS

Section 509 →

What Section 463 CrPC Says

463. Non-compliance with provisions of section 164 or section 281

(1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 164 or section 281, 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 91 of the Indian Evidence Act, 1872 (1 of 1872), 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 463, Code of Criminal Procedure, 1973

Section 463 CrPC in Simple Words

Section 463 of the Code of Criminal Procedure, 1973 speaks of a Court before which a confession or other statement of an accused person, recorded or purporting to be recorded under Section 164 CrPC or Section 281 CrPC, 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 463 CrPC Applies

  • Section 463(1) CrPC speaks of a Court before which a confession or other statement of an accused person, recorded or purporting to be recorded under Section 164 CrPC or Section 281 CrPC, 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 91 of the Indian Evidence Act, 1872.
  • 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 463(2) CrPC, the provisions of Section 463 CrPC apply to Courts of appeal, reference and revision.

Example of Section 463 CrPC

A statement of the accused Anil, recorded under Section 164 CrPC, is tendered in evidence before a Court. The Court finds that a provision of Section 164 CrPC has not been complied with by the Magistrate recording the statement. Section 463(1) CrPC 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 Anil in the defence on the merits and that Anil duly made the statement recorded.

When Section 463 CrPC Does Not Apply

  • Section 463 CrPC speaks of non-compliance with Section 164 CrPC or Section 281 CrPC 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 464 CrPC.
  • Section 463 CrPC speaks of the admission of a recorded statement. It does not deal with proceedings in a wrong place, which are the subject of Section 462 CrPC.

Section 463 CrPC Under BNSS 509: What Changed

Section 463 CrPC is now covered under Section 509 BNSS.

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.

View detailed comparison (CrPC 463 vs BNSS 509) →

FAQs on Section 463 CrPC

What may a Court do under Section 463(1) CrPC if Section 164 CrPC or Section 281 CrPC has not been complied with?▼

The Court may take evidence in regard to such non-compliance, notwithstanding anything contained in Section 91 of the Indian Evidence Act, 1872.

When may the Court admit the statement under Section 463(1) CrPC?▼

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 463 CrPC apply to Courts of appeal, reference and revision?▼

Yes. Section 463(2) CrPC says the provisions of Section 463 CrPC apply to Courts of appeal, reference and revision.

Where is Section 463 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 463(1) CrPC is found in Section 509(1) BNSS and Section 463(2) CrPC in Section 509(2) BNSS. Section 164 CrPC and Section 281 CrPC, which Section 463 CrPC names, are found in Section 183 BNSS and Section 316 BNSS.

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