Non-compliance with provisions of section 183 or section 316
Section 509 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with non-compliance with provisions of section 183 or section 316. 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 Magist The Act came into force on 01 Jul 2024.
(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.
Section 509, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 463 Non-compliance with provisions of section 164 or section 281 Text carried over almost unchanged 96%
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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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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State of Punjab vs Harjagdev Singh
Decided under Code of Criminal Procedure 463, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A judicial confession recorded under Section 164 CrPC by a competent Magistrate following the prescribed procedure—including warning the accused that the confession may be used as evidence and satisfying the Magistrate that it is voluntary—is admissible and reliable evidence of guilt even if there are technical non-compliances with procedural requirements under Section 164, unless the accused demonstrates that such non-compliance caused him actual injury in his defence on merits. An extra-judicial confession may also be admissible if the witness supports the substance of the confession even if the accused later claims the witness had no opportunity to hear it. The voluntariness of a confession is determined by objective assessment of facts and circumstances, including whether the confession was made in fit state of mind and whether any inducement from person in authority with reference to the charge created reasonable grounds for the accused to suppose he would gain advantage or avoid temporal evil by confessing.
On this section: Deals with consequences of non-compliance with Sections relating to confession recording. Provides that if any provisions of Section 164 not complied with, court may admit statement if satisfied non-compliance did not injure accused in defence on merits.
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 509
What have the courts held on Section 509 of the Bharatiya Nagarik Suraksha Sanhita?
State of Punjab vs Harjagdev Singh (22 Apr 2009) is the leading judgment on this section among those set out below, though it was decided under CRPC 463, which this section replaced -- the court never mentioned this Act: Deals with consequences of non-compliance with Sections relating to confession recording. Provides that if any provisions of Section 164 not complied with, court may admit statement if satisfied non-compliance did not injure accused in defence on merits.
How do I find court cases under Section 509 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 509, section 509 BNSS, section 509 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of Punjab vs Harjagdev Singh (22 Apr 2009).
What should I read with Section 509 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 183 (Recording of confessions and statements), section 316 (Record of examination of accused), Bharatiya Sakshya Adhiniyam 94 (Evidence of terms of contracts, grants and other dispositions of property reduced to form of document), so none of them can safely be read on its own. It carries forward CrPC 463 (Non-compliance with provisions of section 164 or section 281), so the judgments decided under that provision are the case law on this one.
When did Section 509 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 509 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 509, 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 14 Oct 2026. This page is not a substitute for legal advice.