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.
Bharatiya Nagarik Suraksha Sanhita
Section 507
Irregularities which vitiate proceedings
⚡ Quick Answer Reference: Section 507 BNSS
- Provision: Section 507 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: IRREGULAR PROCEEDINGS
- Jurisdiction: India
- Summary: If a Magistrate does something they are not allowed to do by law, their proceedings will be invalid.
What does Section 507 of BNSS say?
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What does Section 507 of BNSS mean?
Plain English Explanation
If a Magistrate does something they are not allowed to do by law, their proceedings will be invalid.
Practical Interpretation
This section ensures that Magistrates follow the law and do not overstep their authority. If they do, their actions will be considered null and void.
Core Legal Purpose
The core purpose of this section is to maintain the integrity of the legal process by preventing Magistrates from taking actions that are not authorized by law.
- •The Magistrate must not be empowered by law to perform the action.
- •The action must be one of the specific actions listed in the section.
- •The Magistrate's proceedings will be void if they do any of the listed actions without the required authority.
- •There is no exception or limitation listed in the section, but the specific actions listed may have their own exceptions or limitations elsewhere in the law.
Practical Example of Section 507 BNSS
Rajesh, a Magistrate, is tasked with resolving a dispute between two parties. However, he decides to issue a search warrant for a document in the custody of a postal authority without being empowered to do so. According to Section 507 of BNSS, Rajesh's proceedings will be void because he did not have the authority to issue the search warrant.
Frequently Asked Questions about Section 507 BNSS
Q: What is the punishment or consequence under Section 507 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence of a Magistrate's proceedings being void is that they will be null and void, and any actions taken will not be legally binding.
Q: Does this section apply to private individuals or public entities?
This section applies to Magistrates, who are public entities, and not to private individuals.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not create an offence. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 507 BNSS
What is Section 507 of BNSS?
Section 507 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Irregularities which vitiate proceedings". In plain terms: If a Magistrate does something they are not allowed to do by law, their proceedings will be invalid.
What is the punishment under Section 507 of BNSS?
Section 507 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 507 of BNSS bailable or non-bailable?
Whether Section 507 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 507 of BNSS?
The essential elements of Section 507 of BNSS are: The Magistrate must not be empowered by law to perform the action.; The action must be one of the specific actions listed in the section.; The Magistrate's proceedings will be void if they do any of the listed actions without the required authority..
Landmark Judgments under Section 507 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 507
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