Section 506 BNSS: Irregularities Which Do Not Vitiate Proceedings

Section 506 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with specified acts done by a Magistrate who is not legally empowered to perform them. Where such an act is done erroneously in good faith, the proceeding is not to be set aside merely because the Magistrate lacked that particular power.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and came into force on 1 July 2024. Section 506 appears in Chapter XXXVII, "Irregular Proceedings".

Meaning and Purpose of Section 506 BNSS

Section 506 is a curative procedural provision. It protects a proceeding from being invalidated solely on the ground that a Magistrate, while acting in good faith, exercised one of the specific powers listed in the section despite not being legally empowered to exercise that power.

The protection is not unlimited. The section applies only to the acts expressly listed in clauses (a) to (i), and the statutory condition is that the act must have been done erroneously in good faith. Section 506 therefore distinguishes certain curable jurisdictional irregularities from the more serious irregularities listed in Section 507 BNSS, which vitiate proceedings.

Text of Section 506 BNSS, 2023

506. Irregularities which do not vitiate proceedings. If any Magistrate not empowered by law to do any of the following things, namely:

to issue a search-warrant under section 97;
to order, under section 174, the police to investigate an offence;
to hold an inquest under section 196;
to issue process under section 207, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;
to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 210;
to make over a case under sub-section (2) of section 212;
to tender a pardon under section 343;
to recall a case and try it himself under section 450; or
to sell property under section 504 or section 505,

erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

Acts Covered by Section 506

The section expressly covers the following nine categories of acts:

Search warrant: issuing a search warrant under Section 97.
Police investigation: directing police investigation under Section 174.
Inquest: holding an inquest under Section 196.
Process for apprehension outside jurisdiction: issuing process under Section 207 in the circumstances stated in that provision.
Cognizance: taking cognizance under Section 210(1)(a) or Section 210(1)(b).
Making over a case: acting under Section 212(2).
Tender of pardon: tendering pardon under Section 343.
Recall and trial: recalling a case and trying it under Section 450.
Sale of property: selling property under Section 504 or Section 505.

What Does "Erroneously in Good Faith" Mean?

The wording of Section 506 makes good faith central to its protection. The proceeding is protected where the Magistrate, although not empowered by law to perform the specified act, does so because of an error made in good faith. The section does not state that every act done without authority is automatically cured.

Practical effect: lack of the specified power, by itself, is not enough to set aside the proceeding when the statutory requirements of Section 506 are satisfied. A challenge must therefore consider both the nature of the act and whether the protection of good faith is available.

Section 506 and Section 507 BNSS

Provision	Nature of irregularity	Effect
Section 506	Specified act done without legal empowerment, erroneously in good faith.	Proceeding is not set aside merely because the Magistrate lacked that power.
Section 507	Specified acts treated by the Sanhita as irregularities that vitiate proceedings.	The defect is treated more seriously and is not covered by the saving in Section 506.

Corresponding Provision Under the CrPC, 1973

Section 506 BNSS corresponds to Section 460 of the Code of Criminal Procedure, 1973. The BNSS provision retains the same basic rule while updating the cross-references to the renumbered provisions of the new Sanhita.

Transition note: Section 531 BNSS repeals the Code of Criminal Procedure, 1973, but also contains saving provisions. In particular, certain appeals, applications, trials, inquiries and investigations already pending immediately before commencement of the BNSS continue under the CrPC as provided by Section 531. The applicable procedural law should therefore be checked with reference to the date and status of the proceeding.

Related BNSS Provisions

Official Sources

For the current Act text and status, refer to the India Code - Bharatiya Nagarik Suraksha Sanhita, 2023. The Ministry of Home Affairs also provides the official new criminal law materials on its New Criminal Laws page.

This page is intended as a general legal information resource. The application of procedural law can depend on the facts, dates and stage of a particular proceeding.