Defect or error not to make attachment unlawful
Section 512 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with defect or error not to make attachment unlawful. No attachment made under this Sanhita shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto. The Act came into force on 01 Jul 2024.
No attachment made under this Sanhita shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto.
Section 512, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 466 Defect or error not to make attachment unlawful Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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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State vs Lalit Narain
Decided under Code of Criminal Procedure 466, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A reference under Section 432 Criminal Procedure Code can only be made when a case involves a question as to the validity of an Act or Ordinance, the determination of which is necessary for disposal of the case, and the court must be of opinion that such Act is invalid or inoperative but has not been so declared by the High Court or Supreme Court. The mere fact that an accused is mentally unfit to stand trial, lacks family support, or that care infrastructure is inadequate does not constitute grounds for reference under Section 432 CrPC. Instead, such situations must be dealt with under the comprehensive procedure provided in Sections 464-475 CrPC, which specifically address the trial of persons of unsound mind. Trial courts cannot invoke extraordinary jurisdiction under Section 561-A CrPC or ask the High Court to exercise such powers; such powers are inherent to the High Court itself.
On this section: Provides that after an accused is found to be of unsound mind and incapable of making defense, the Magistrate or Court may release the accused on sufficient security or order detention in safe custody. Court clarified this provision applies regardless of whether the case is bailable or not.
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 512
What have the courts held on Section 512 of the Bharatiya Nagarik Suraksha Sanhita?
State vs Lalit Narain (14 Sep 2018) is the leading judgment on this section among those set out below, though it was decided under CRPC 466, which this section replaced -- the court never mentioned this Act: Provides that after an accused is found to be of unsound mind and incapable of making defense, the Magistrate or Court may release the accused on sufficient security or order detention in safe custody. Court clarified this provision applies regardless of whether the case is bailable or not.
How do I find court cases under Section 512 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 512, section 512 BNSS, section 512 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 vs Lalit Narain (14 Sep 2018).
What should I read with Section 512 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 466 (Defect or error not to make attachment unlawful), so the judgments decided under that provision are the case law on this one.
When did Section 512 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 512 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 512, 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.