Proceedings in wrong place
Section 508 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with proceedings in wrong place. No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that suc The Act came into force on 01 Jul 2024.
No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice.
Section 508, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 462 Proceedings in wrong place Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kaushik Chaterjee vs State of Haryana
Decided under Code of Criminal Procedure 462, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The question of territorial jurisdiction in criminal proceedings is a question of fact that must be established through evidence and cannot be decided at the transfer petition stage. The trial court, not the Supreme Court, is the appropriate forum to decide jurisdictional issues after evidence is led on the place of commission of the offence and other relevant factors enumerated in Sections 177 to 184 of the Code of Criminal Procedure. Therefore, transfer petitions seeking transfer on the ground of lack of territorial jurisdiction must be dismissed, leaving it open to the parties to raise and have the trial court decide the jurisdictional issue during the trial.
On this section: Provides that no finding, sentence or order shall be set aside merely on the ground that inquiry, trial or other proceedings took place in a wrong sessions division, district, subdivision or other local area, unless such error has occasioned a failure of justice. Court held this does not save proceedings void under Section 461(l).
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Ajay Kr. Ghoshal Etc vs State of Bihar
Decided under Code of Criminal Procedure 462, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The power to order retrial under Section 386(b) of the Code of Criminal Procedure is an exceptional power to be exercised only when the appellate court is satisfied that: (a) the trial was undertaken by a court lacking jurisdiction, or (b) the trial was vitiated by serious illegality or irregularity occasioning failure of justice, or (c) there was a misconception of the nature of proceedings such that there was no real trial. Mere procedural lapses or irregularities in investigation or conduct of trial, without demonstrable miscarriage of justice, are insufficient to order retrial. The appellate court must independently evaluate evidence and arrive at its own conclusions on guilt or innocence rather than remitting to trial court merely because procedural defects exist. De novo trial is a last resort remedy reserved for exceptional circumstances and must be guided by the demand of justice, balancing the accused's right to fair and speedy trial against societal interest in prosecution of serious crimes.
On this section: Error or irregularity in procedure - referenced regarding legislature's approach to procedural defects
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 508
What have the courts held on Section 508 of the Bharatiya Nagarik Suraksha Sanhita?
Kaushik Chaterjee vs State of Haryana (30 Sep 2020) is the leading judgment on this section among those set out below, though it was decided under CRPC 462, which this section replaced -- the court never mentioned this Act: Provides that no finding, sentence or order shall be set aside merely on the ground that inquiry, trial or other proceedings took place in a wrong sessions division, district, subdivision or other local area, unless such error has occasioned a failure of justice. Court held this does not save proceedings void under Section 461(l). Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2017 to 2020.
How do I find court cases under Section 508 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 508, section 508 BNSS, section 508 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 508 section. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Kaushik Chaterjee vs State of Haryana (30 Sep 2020).
What should I read with Section 508 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 462 (Proceedings in wrong place), so the judgments decided under that provision are the case law on this one.
When did Section 508 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 508 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 508, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.