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BNSS · Section 509 · Chapter XXXVII — IRREGULAR PROCEEDINGS

Non-compliance with provisions of section 183 or section 316.

What this section does

Where a court finds that a Magistrate recording a confession or statement under section 183 or section 316 did not comply with the prescribed provisions, the court may take evidence on such non-compliance and, if satisfied that the non-compliance did not injure the accused's defence and that the statement was duly made, may admit the statement in evidence notwithstanding section 94 of the Bharatiya Sakshya Adhiniyam 2023. This provision applies equally to appellate, reference, and revision courts.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Court · Magistrate · Accused · Court of appeal/reference/revision
Old-law correspondence

Derived from CrPC s.463.

Read the official text

For the binding statutory text of BNSS Section 509, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 509 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.