IRREGULAR PROCEEDINGS
CHAPTER XXXVII
506. Irregularities which do not vitiate proceedings
507. Irregularities which vitiate proceedings
508. Proceedings in wrong place
509. Non-compliance with provisions of Section 183 or Section 316
510. Effect of omission to frame, or absence of, or error in, charge
511. Finding or sentence when reversible by reason of error, omission or irregularity
512. Defect or error not to make attachment unlawful
CONTENTS
Based on Chapter XXXVII (Irregular Proceedings) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 preliminary examination questions with answer key.
Chapter XXXVII: Irregular Proceedings
Q1. Under Section 506, if a Magistrate not empowered by law issues a search-warrant under Section 97 erroneously and in good faith, the proceeding shall:
A) Be set aside immediately
B) Not be set aside merely on that ground
C) Be deemed void ab initio
D) Require confirmation by the High Court
[S. 506(a)]
Q2. Which of the following irregularities does NOT vitiate proceedings if done in good faith by an unauthorized Magistrate?
A) Demanding security for good behaviour
B) Trying an offender summarily
C) Tendering a pardon under Section 343
D) Deciding an appeal
[S. 506(g)]
Q3. If a Magistrate not empowered by law takes cognizance of an offence under clause (a) or clause (b) of Section 210(1) in good faith, the proceeding is:
A) Void
B) Voidable at the option of the accused
C) Valid and not to be set aside
D) Subject to mandatory re-trial
[S. 506(e)]
Q4. According to Section 507, which of the following acts by a Magistrate not empowered by law renders the proceeding void?
A) Recalling a case and trying it under Section 450
B) Holding an inquest under Section 196
C) Demanding security to keep the peace
D) Ordering a police investigation under Section 174
[S. 507(c)]
Q5. If an unauthorized Magistrate discharges a person lawfully bound to be of good behaviour, the proceeding is:
A) Valid if done in good faith
B) Void
C) Valid if the Sessions Judge approves
D) Irregular but not void
[S. 507(e)]
Q6. Under Section 507(m), a summary trial conducted by a Magistrate not empowered by law is:
A) A curable irregularity
B) Void
C) Valid if no failure of justice occurred
D) Valid if the accused does not object
[S. 507(m)]
Q7. Which section of the BNSS declares that proceedings are void if an unauthorized Magistrate takes cognizance of an offence under clause (c) of Section 210(1)?
A) Section 506
B) Section 507
C) Section 508
D) Section 510
[S. 507(k)]
Q8. If a finding, sentence, or order is passed by a Criminal Court in the wrong sessions division or district, Section 508 states it shall:
A) Be set aside automatically for lack of territorial jurisdiction
B) Not be set aside unless it has occasioned a failure of justice
C) Be referred to the Supreme Court
D) Be treated as a nullity
[S. 508]
Q9. Section 509 provides a remedy for non-compliance with the provisions of which sections?
A) Section 173 and Section 193
B) Section 183 or Section 316
C) Section 210 and Section 223
D) Section 438 and Section 442
[S. 509(1)]
Q10. Under Section 509, if a Court finds that a statement of an accused was not recorded strictly according to Section 183, it may still admit the statement if:
A) The Magistrate is suspended
B) It takes evidence that such person duly made the statement
C) The Public Prosecutor swears an affidavit
D) The accused confesses again in the appellate court
[S. 509(1)]
Q11. The provisions of Section 509 (regarding non-compliance in recording statements) apply to:
A) Only Trial Courts
B) Only the High Court
C) Courts of appeal, reference, and revision
D) Police stations during investigation
[S. 509(2)]
Q12. According to Section 510(1), a finding or sentence shall NOT be deemed invalid merely on the ground that no charge was framed, unless:
A) The accused is a public servant
B) A failure of justice has in fact been occasioned thereby
C) The offence is non-cognizable
D) The High Court has issued a general stay
[S. 510(1)]
Q13. If an Appellate Court is of the opinion that a failure of justice was caused by an omission to frame a charge, it shall:
A) Acquit the accused immediately
B) Order that a charge be framed and the trial recommence from that point
C) Direct the Magistrate to pay compensation
D) Dismiss the case
[S. 510(2)(a)]
Q14. If a Court of revision finds that the facts of a case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall:
A) Order a re-trial
B) Amend the charge itself
C) Quash the conviction
D) Transfer the case to a Special Court
[S. 510(2)(b)]
Q15. Under Section 511(1), a finding or sentence is reversible due to an error in a summons or warrant only if it has:
A) Delayed the trial by more than six months
B) Occasioned a failure of justice
C) Been challenged within 30 days
D) Involved a fine exceeding ten thousand rupees
[S. 511(1)]
Q16. In determining whether an irregularity in a sanction for prosecution has caused a failure of justice, Section 511(2) mandates the Court to consider:
A) The seniority of the sanctioning officer
B) Whether the objection could and should have been raised at an earlier stage
C) The political nature of the offence
D) The cost of the investigation
[S. 511(2)]
Q17. Under Section 512, an attachment made under the BNSS shall not be deemed unlawful because of:
A) A defect or want of form in the summons or conviction
B) A complete lack of jurisdiction
C) The death of the officer making the attachment
D) The property being located in a different State
[S. 512]
Q18. Does a Magistrate not empowered by law vitiate proceedings if he holds an inquest under Section 196 in good faith?
A) Yes, under S. 507
B) No, under S. 506
C) Only if the death was suicidal
D) Only if the High Court intervenes
[S. 506(c)]
Q19. Which of the following acts by an unauthorized Magistrate is VOID under Section 507?
A) Making over a case under Section 212(2)
B) Tendering a pardon under Section 343
C) Canceling a bond to keep the peace
D) Selling property under Section 504
[S. 507(f)]
Q20. If a Magistrate not empowered by law tries an offender for an offence, the proceeding is:
A) A curable irregularity if done in good faith
B) Void
C) Valid if the accused is convicted
D) Subject to the discretion of the Sessions Judge
[S. 507(l)]
Q21. Under Section 507(g), an order for maintenance made by a Magistrate not empowered by law is:
A) Valid until challenged
B) Void
C) Curable by Section 506
D) Valid if the amount is less than ₹5,000
[S. 507(g)]
Q22. If a Magistrate not empowered by law makes an order under Section 152 regarding a local nuisance, the order is:
A) Valid in the interest of public safety
B) Void
C) Only voidable
D) Valid if done in good faith
[S. 507(h)]
Q23. A Magistrate not empowered by law revises an order passed under Section 491. This proceeding is:
A) Valid under Section 506
B) Void under Section 507
C) Valid if done in a public capacity
D) A minor irregularity
[S. 507(q)]
Q24. Error, omission, or irregularity in a "proclamation" is a ground for reversal of a finding under Section 511 only if it causes:
A) Loss of property
B) Failure of justice
C) Contempt of court
D) Public outcry
[S. 511(1)]
Q25. Which of the following is a "curable irregularity" under Section 506 if done in good faith?
A) Deciding an appeal
B) Calling for records to exercise powers of revision
C) Ordering the police to investigate an offence under Section 174
D) Demanding security to keep the peace
[S. 506(b)]
Q26. If a Magistrate not empowered by law sells property under Section 504 erroneously and in good faith, the sale is:
A) Void
B) Not to be set aside merely on that ground
C) Illegal but valid for the purchaser
D) Voidable within 60 days
[S. 506(i)]
Q27. Under Section 507(p), if an unauthorized Magistrate calls for proceedings under Section 438, the action is:
A) Void
B) Valid if done to secure justice
C) A curable irregularity
D) Subject to Sessions Judge's ratification
[S. 507(p)]
Q28. Section 510(1) includes which of the following as a curable irregularity unless it causes failure of justice?
A) Misjoinder of charges
B) Lack of territorial jurisdiction
C) Lack of sanction
D) Recording evidence in a foreign language
[S. 510(1)]
Q29. Under Section 512, a person making an attachment shall NOT be deemed a __________ on account of any defect in the summons or conviction.
A) Public servant
B) Trespasser
C) Witness
D) Creditor
[S. 512]
Q30. According to Section 507(n), which act by an unauthorized Magistrate is void?
A) Discharging an accused
B) Passing a sentence on proceedings recorded by another Magistrate
C) Suspending a sentence
D) Ordering medical examination of an accused
[S. 507(n)]
Answer Key
1. B
2. C
3. C
4. C
5. B
6. B
7. B
8. B
9. B
10. B
11. C
12. B
13. B
14. C
15. B
16. B
17. A
18. B
19. C
20. B
21. B
22. B
23. B
24. B
25. C
26. B
27. A
28. A
29. B
30. B
Based on Chapter XXXVII (Irregular Proceedings) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 20 statement and situation-based preliminary examination questions with Answers in the end.
Chapter XXXVII: Practice Questions
Q1. A Magistrate, not being empowered by law to do so, issues a search-warrant under section 97 in good faith. According to section 506 of the BNSS, what is the legal status of this proceeding?
A) The proceeding is void ab initio.
B) The proceeding shall be set aside immediately upon objection.
C) The proceeding shall not be set aside merely on the ground of the Magistrate not being so empowered.
D) The proceeding is valid only if ratified by a Sessions Judge.
Q2. Consider the following statements regarding cognizance by an unauthorized Magistrate:
Statement I: If a Magistrate not empowered by law takes cognizance of an offence upon a police report (Section 210(1)(b)) in good faith, the proceeding is not set aside.
Statement II: If a Magistrate not empowered by law takes cognizance of an offence upon his own knowledge (Section 210(1)(c)), the proceeding is void.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor Statement II is correct
Q3. Situation: An unauthorized Magistrate, acting erroneously in good faith, tenders a pardon to an accomplice under section 343. What is the consequence under section 506?
A) The pardon is invalid and the accomplice must be tried.
B) The proceeding shall not be set aside merely because the Magistrate was not empowered.
C) The Magistrate is liable for departmental action.
D) The case must be transferred to the High Court for validation.
Q4. Which of the following acts, if performed by a Magistrate not empowered by law, renders the proceeding VOID under section 507?
A) Ordering a police investigation under section 174.
B) Holding an inquest under section 196.
C) Demanding security to keep the peace.
D) Recalling a case and trying it himself under section 450.
Q5. Evaluate the following statements regarding security for behaviour:
Statement I: A proceeding where an unauthorized Magistrate demands security for good behaviour is void.
Statement II: A proceeding where an unauthorized Magistrate discharges a person lawfully bound to be of good behaviour is void.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor Statement II is correct
Q6. Situation: A Magistrate not empowered by law makes an order for maintenance under Chapter X. Under which section is this proceeding declared void?
A) Section 506
B) Section 507
C) Section 508
D) Section 510
Q7. Regarding orders related to public nuisances under section 507:
Statement I: An order made under section 152 regarding a local nuisance by an unauthorized Magistrate is void.
Statement II: An order prohibiting the repetition or continuance of a public nuisance under section 162 by an unauthorized Magistrate is curable if done in good faith.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor Statement II is correct
Q8. Problem: A Criminal Court passes a finding, sentence, or order in a sessions division or district other than that in which it has jurisdiction. According to section 508, this proceeding:
A) Is automatically void for lack of territorial jurisdiction.
B) Shall not be set aside unless it appears that such error has occasioned a failure of justice.
C) Must be stayed and referred to the High Court.
D) Is valid only if the accused gives written consent.
Q9. Consider the following statements regarding the recording of confessions under section 509:
Statement I: If the provisions of section 183 or 316 have not been complied with by the Magistrate, the Court may take evidence that the person duly made the statement recorded.
Statement II: Such a statement is admissible even if the non-compliance has injured the accused on his merits in his defence.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor Statement II is correct
Q10. Situation: A Magistrate not empowered by law sells property under section 504. According to section 506, the sale is:
A) Void.
B) Valid and not to be set aside if done erroneously in good faith.
C) Voidable at the instance of the owner.
D) Subject to the approval of the District Magistrate.
Q11. Under section 507, which of the following revisional or appellate acts by an unauthorized Magistrate is void?
A) Tendering a pardon.
B) Deciding an appeal.
C) Recalling a case.
D) Making over a case.
Q12. Evaluate these statements regarding the framing of a charge under section 510:
Statement I: A finding or sentence is invalid merely because no charge was framed.
Statement II: If the Court of appeal or revision thinks a failure of justice was occasioned by an omission to frame a charge, it shall order that a charge be framed and the trial recommenced.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor Statement II is correct
Q13. Problem: An unauthorized Magistrate calls for proceedings under section 438 (Revision). What is the result of this action?
A) It is a curable irregularity under section 506.
B) It is void under section 507.
C) It is valid if done to secure the ends of justice.
D) It is valid if the High Court certifies it.
Q14. Regarding errors in summons or warrants under section 511:
Statement I: A finding or sentence is reversible if there is any error or omission in the summons or warrant, regardless of the outcome.
Statement II: Such a finding is only reversible if the error, omission, or irregularity has in fact occasioned a failure of justice.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor Statement II is correct
Q15. Situation: A Magistrate not empowered by law tries an offender summarily. What is the status of the trial?
A) Valid if the accused is acquitted.
B) Curable if the Magistrate acted in good faith.
C) Void under section 507(m).
D) Valid if no failure of justice occurred.
Q16. Under section 507, an order made by an unauthorized Magistrate under Part C or Part D of Chapter XI (Urgent cases of nuisance or disputes as to immovable property) is:
A) Valid.
B) Void.
C) Voidable.
D) Curable by section 506.
Q17. Consider the following regarding section 512 (Attachment):
Statement I: An attachment is unlawful if there is a defect or want of form in the summons or conviction.
Statement II: The person making the attachment shall not be deemed a trespasser on account of such defect.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor Statement II is correct
Q18. Problem: A Magistrate not empowered by law takes cognizance of an offence upon receiving a complaint of facts under section 210(1)(a) in good faith. The proceeding is:
A) Void.
B) Not to be set aside.
C) Voidable if challenged within 30 days.
D) Valid only in non-cognizable cases.
Q19. Evaluate these statements regarding summary trials:
Statement I: An unauthorized Magistrate trying an offender summarily is a curable irregularity.
Statement II: An unauthorized Magistrate trying an offender (regular trial) is a curable irregularity.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor Statement II is correct (Both are void)
Q20. Under section 511(2), when determining if an error or omission regarding a "sanction" has caused a failure of justice, the Court shall have regard to:
A) The seniority of the sanctioning officer.
B) Whether the objection could and should have been raised at an earlier stage in the proceedings.
C) The financial status of the accused.
D) The political nature of the crime.
Answer Key
1. C (S. 506(a))
2. C (S. 506(e) and S. 507(k))
3. B (S. 506(g))
4. C (S. 507(c) - Others are curable under S. 506)
5. C (S. 507(d) and (e))
6. B (S. 507(g))
7. A (S. 507(h) is void; S. 507(i) is also void, making Statement II false)
8. B (S. 508)
9. A (Statement II is false; non-compliance must not injure the accused on merits)
10. B (S. 506(i))
11. B (S. 507(o))
12. B (Statement I is false; omission to frame a charge does not automatically invalidate)
13. B (S. 507(p))
14. B (S. 511(1))
15. C (S. 507(m))
16. B (S. 507(j))
17. B (Statement I is false per S. 512)
18. B (S. 506(e))
19. D (Both acts vitiate proceedings under S. 507(l) and (m))
20. B (S. 511(2))
One-Line Revision Reckoner for Chapter XXXVII
This "Irregular Proceedings Master-Sheet" provides a quick, accurate, and comprehensive ready reckoner for Chapter XXXVII (Sections 506–512) of the BNSS, 2023. This chapter distinguishes between minor technical errors that do not affect the outcome of a case and serious jurisdictional oversteps that render proceedings void.
1. Curable Irregularities: Proceedings NOT Vitiated (Section 506)
If a Magistrate not empowered by law performs any of the following acts in good faith, the proceeding shall not be set aside merely on that ground:
-
Search-warrants: Issuing a warrant under Section 97.
-
Investigations & Inquests: Ordering a police investigation under Section 174 or holding an inquest under Section 196.
-
Process & Cognizance: Issuing process under Section 210 or taking cognizance of an offence upon a complaint or police report.
-
Administrative Acts: Making over a case under Section 212(2) or recalling/trying a case under Section 450.
-
Pardons & Sales: Tendering a pardon under Section 343 or selling property under Section 504.
2. Fatal Irregularities: Proceedings that are VOID (Section 507)
If a Magistrate not empowered by law does any of the following, the proceedings are strictly void:
-
Property & Security: Attaching/selling property under Section 85; demanding security for peace or good behaviour; or cancelling a peace bond.
-
Social & Public Orders: Making orders for maintenance; orders regarding local nuisances; or urgent orders under Part C or Part D of Chapter XI.
-
Cognizance by Knowledge: Taking cognizance of an offence under clause (c) of Section 210(1) (based on personal knowledge or information other than a police report).
-
Trials & Appeals: Trying an offender (regular or summary); deciding an appeal; or calling for proceedings under revisional powers (Section 438).
3. Territorial and Technical Safeguards (Sections 508–511)
-
Wrong Venue (S. 508): A finding, sentence, or order passed in the wrong sessions division, district, or local area shall not be set aside unless it has resulted in a failure of justice.
-
Recording Statements (S. 509): If the procedure for recording confessions/statements (Sections 183 or 316) is not followed, the Court may take evidence that the statement was duly made, provided the error did not injure the accused's defence on its merits.
-
Omission of Charge (S. 510): A judgment is not invalid merely because no charge was framed (or there was an error/misjoinder in the charge) unless it caused a failure of justice.
-
General Reversal Bar (S. 511): No finding or sentence is reversible due to errors in summons, warrants, proclamations, or sanctions unless a failure of justice occurred. Regard is given to whether the objection could have been raised earlier.
4. Attachment Defects (Section 512)
-
An attachment is not unlawful, nor is the person making it a trespasser, due to a defect or want of form in the summons, conviction, or writ of attachment.
Quick Revision Tip:
"The Good Faith Test" Under Section 506, if an unauthorized Magistrate acts in good faith, the law "cures" the mistake for less critical acts like issuing search warrants or taking cognizance on a police report. However, under Section 507, for critical judicial functions like trying an offender, deciding an appeal, or ordering maintenance, the lack of empowerment is fatal and cannot be cured by good faith.