If any Magistrate not empowered by law to do any of the following things, namely:— (a) to issue a search-warrant under section 97; (b) to order, under section 174, the police to investigate an offence; (c) to hold an inquest under section 196; (d) 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; (e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 210; (f) to make over a case under sub-section (2) of section 212; (g) to tender a pardon under section 343; (h) to recall a case and try it himself under section 450; or (i) 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.
Bharatiya Nagarik Suraksha Sanhita
Section 506
Irregularities which do not vitiate proceedings
⚡ Quick Answer Reference: Section 506 BNSS
- Provision: Section 506 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: IRREGULAR PROCEEDINGS
- Jurisdiction: India
- Summary: This section says that if a Magistrate does something they're not supposed to do, but they do it by mistake and in good faith, their actions won't be cancelled just because they weren't supposed to do it.
What does Section 506 of BNSS say?
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What does Section 506 of BNSS mean?
Plain English Explanation
This section says that if a Magistrate does something they're not supposed to do, but they do it by mistake and in good faith, their actions won't be cancelled just because they weren't supposed to do it.
Practical Interpretation
In practice, this section protects Magistrates from having their proceedings set aside due to minor errors, as long as they acted in good faith, ensuring the continuity of legal proceedings.
Core Legal Purpose
The core purpose is to prevent technical errors from undermining the legitimacy of legal proceedings, ensuring that the substance of justice is not compromised by minor procedural mistakes.
- •The Magistrate must have acted erroneously, meaning they made a mistake.
- •The action must have been taken in good faith, without any malicious intent.
- •The key legal test is whether the Magistrate's error was genuine and made in good faith.
- •A key exception is that this protection does not apply if the Magistrate's actions were not in good faith or were otherwise improper.
Practical Example of Section 506 BNSS
For example, if Magistrate Rajesh, believing he had the authority, issues a search warrant under section 97 for a case that actually falls outside his jurisdiction, but does so in good faith, his actions would not be set aside merely because he wasn't empowered to issue that warrant. This ensures that the investigation can continue without being derailed by technicalities.
Frequently Asked Questions about Section 506 BNSS
Q: What is the punishment or consequence under Section 506 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the validity of proceedings despite certain irregularities.
Q: Does this section apply to private individuals or public entities?
This section applies to Magistrates, who are public entities or officials within the judicial system, and does not directly apply to private individuals.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences in the context of being bailable or cognizable. It addresses procedural irregularities in legal proceedings.
Common Questions about Section 506 BNSS
What is Section 506 of BNSS?
Section 506 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Irregularities which do not vitiate proceedings". In plain terms: This section says that if a Magistrate does something they're not supposed to do, but they do it by mistake and in good faith, their actions won't be cancelled just because they weren't supposed to do it.
What is the punishment under Section 506 of BNSS?
Section 506 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 506 of BNSS bailable or non-bailable?
Section 506 of BNSS is generally a Bailable offence (or bail is frequently granted depending on severity).
What are the elements of Section 506 of BNSS?
The essential elements of Section 506 of BNSS are: The Magistrate must have acted erroneously, meaning they made a mistake.; The action must have been taken in good faith, without any malicious intent.; The key legal test is whether the Magistrate's error was genuine and made in good faith..
Landmark Judgments under Section 506 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 506
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