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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXVII: Irregular Proceedings

Section 507 BNSS: Irregularities which vitiate proceedings

Corresponding CrPC
Section 461 CrPC

Bare Act text

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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

If a Magistrate not empowered by law does any of the things listed, such as attaching and selling property under section 85, issuing a search warrant for a document in the custody of a postal authority, or demanding security to keep the peace, his proceedings are void.

Chapter XXXVII: Irregular Proceedings

  1. 506 Irregularities which do not vitiate proceedings
  2. 507 Irregularities which vitiate proceedings
  3. 508 Proceedings in wrong place
  4. 509 Non-compliance with provisions of section 183 or section 316
  5. 510 Effect of omission to frame, or absence of, or error in, charge
  6. 511 Finding or sentence when reversible by reason of error, omission or irregularity
  7. 512 Defect or error not to make attachment unlawful