(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.
Bharatiya Nagarik Suraksha Sanhita
Section 509
Non-compliance with provisions of section 183 or section 316
Englishहिंदी
⚡ Quick Answer Reference: Section 509 BNSS
- Provision: Section 509 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: IRREGULAR PROCEEDINGS
- Jurisdiction: India
- Summary: If a court finds that a confession or statement made by an accused person under sections 183 or 316 was not recorded correctly, it can still be used as evidence if the court believes the accused was not harmed by the mistake and made the statement willingly.
Statutory Content
What does Section 509 of BNSS say?
Indian StandardSection 509, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 509 (India)
Court Pleading StandardSection 509 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/509
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 509 of BNSS mean?
Plain English Explanation
If a court finds that a confession or statement made by an accused person under sections 183 or 316 was not recorded correctly, it can still be used as evidence if the court believes the accused was not harmed by the mistake and made the statement willingly.
Practical Interpretation
This section allows courts to consider the validity of a confession or statement even if the recording process was flawed, as long as the accused was not unfairly prejudiced and made the statement voluntarily.
Core Legal Purpose
The core purpose of this section is to ensure that the rights of the accused are protected while also allowing the court to consider the validity of a confession or statement, even if there were procedural irregularities in its recording.
Key Legal Elements
- •The confession or statement was recorded under sections 183 or 316.
- •The court finds that the provisions of sections 183 or 316 were not complied with.
- •The court is satisfied that the non-compliance did not harm the accused's defence on the merits.
- •The accused made the statement willingly.
Practical Example
Practical Example of Section 509 BNSS
Rajesh, an accused person, made a confession under section 316. However, the Magistrate recording the statement failed to comply with the provisions of section 316. The court, after investigating the matter, finds that Rajesh was not harmed by the mistake and made the statement willingly. In this scenario, the court can still admit the confession as evidence under section 509.
Common Questions (FAQ)
Frequently Asked Questions about Section 509 BNSS
Q: What is the punishment or consequence under Section 509 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the admissibility of evidence in court proceedings.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 509 BNSS
What is Section 509 of BNSS?
Section 509 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Non-compliance with provisions of section 183 or section 316". In plain terms: If a court finds that a confession or statement made by an accused person under sections 183 or 316 was not recorded correctly, it can still be used as evidence if the court believes the accused was not harmed by the mistake and made the statement willingly.
What is the punishment under Section 509 of BNSS?
Section 509 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 509 of BNSS bailable or non-bailable?
Whether Section 509 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 509 of BNSS?
The essential elements of Section 509 of BNSS are: The confession or statement was recorded under sections 183 or 316.; The court finds that the provisions of sections 183 or 316 were not complied with.; The court is satisfied that the non-compliance did not harm the accused's defence on the merits..
Landmark Case Laws
Landmark Judgments under Section 509 BNSS
Patnahcucisdb94 High Court (10 8)
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