BNSS Section 509 — Non-compliance with provisions of section 183 or section 316

CHAPTER XXXVII IRREGULAR PROCEEDINGS

Criminal

Summary

If a court is presented with a confession or statement from an accused person that was supposed to be recorded under section 183 or section 316, and the court finds that the Magistrate did not follow all the rules of those sections, the court can still hear evidence about what went wrong. If the court is satisfied that the failure to follow the rules did not harm the accused’s ability to defend themselves on the actual facts of the case, and that the accused did in fact make the statement voluntarily, the court may still accept that statement as evidence. This rule applies to appeal courts, reference courts, and revision courts as well.

Official Text

(1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 183 or section 316, 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 94 of the Bharatiya Sakshya Adhiniyam, 2023, 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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §463 — Non-compliance with provisions of section 183 or section 316