Defect or error not to make attachment unlawful
Section 466 of the Code of Criminal Procedure, 1973 deals with defect or error not to make attachment unlawful. No attachment made under this Code 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 or attachment or other proceedings relating thereto. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
No attachment made under this Code 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 or attachment or other proceedings relating thereto.
CHAP
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES.
CHAPTER XXXVI*1
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES.
Section 466, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 512 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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
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
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 466
What have the courts held on Section 466 of the Code of Criminal Procedure?
State vs Lalit Narain (14 Sep 2018) is the leading judgment on this section among those set out below: 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 466 of the Code of Criminal Procedure?
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: CRPC 466, section 466 CRPC, section 466 of the Code of Criminal Procedure. 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 466 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 512 (Defect or error not to make attachment unlawful), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 466 of the Code of Criminal Procedure come into force?
Section 466 of the Code of Criminal Procedure, cited as CRPC 466, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.