Section 509 BNSS: Non-compliance with Sections 183 or 316
Section 509 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the effect of procedural non-compliance when a confession or other statement recorded, or purportedly recorded, under Section 183 or Section 316 is tendered or received in evidence.
Text of Section 509 BNSS
509. (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.
Meaning and effect of Section 509
Section 509 is a curative provision in Chapter XXXVII of the BNSS, which deals with irregular proceedings. Its focus is not merely whether a procedural requirement under Section 183 or Section 316 was breached, but whether the breach caused actual injury to the accused in defending the case on the merits.
The Court may take evidence regarding the alleged non-compliance. A statement may still be admitted only when the Court is satisfied on both points required by the section: first, that the non-compliance did not injure the accused in his defence on the merits; and second, that the accused in fact made the statement recorded.
Important: Section 509 does not state that every defect is automatically cured. The Court must make the statutory assessment of prejudice and authenticity before admitting the statement.
What is Section 183 BNSS?
Section 183 of the BNSS deals with the recording of confessions and statements during investigation or at any time afterwards but before the commencement of inquiry or trial. It regulates how a Magistrate records such material and includes safeguards surrounding confessions and statements.
Therefore, where a confession or statement said to have been recorded under Section 183 suffers from a procedural defect, Section 509 provides the Court with a statutory method for deciding whether the defect prevents its admission.
What is Section 316 BNSS?
Section 316 of the BNSS concerns the record of examination of an accused by a Magistrate or a Court of Session. It requires the examination, including the questions and answers, to be recorded in full and prescribes safeguards relating to language, reading or interpretation of the record, additions or explanations by the accused, and signatures.
Section 509 becomes relevant where a statement recorded, or purportedly recorded, under Section 316 is challenged because the prescribed recording requirements were not followed.
Reference to Section 94 of the Bharatiya Sakshya Adhiniyam, 2023
Section 509 expressly operates notwithstanding Section 94 of the Bharatiya Sakshya Adhiniyam, 2023. The BNSS and the new criminal laws published by the Ministry of Home Affairs came into operation from 1 July 2024.
The non-obstante wording allows the Court, for the limited purpose specified in Section 509, to receive evidence concerning whether the statutory recording requirements were complied with and whether the statement was duly made.
Conditions for admitting a defective recording
- A confession or other statement of the accused must have been recorded, or purportedly recorded, under Section 183 or Section 316.
- The Court must find that one or more provisions governing that recording were not complied with by the Magistrate.
- The Court may take evidence concerning the non-compliance.
- The Court must be satisfied that the defect did not injure the accused in his defence on the merits.
- The Court must also be satisfied that the accused duly made the statement recorded.
- Only after these statutory requirements are met may the statement be admitted under Section 509.
Application in appeal, reference and revision
Sub-section (2) makes Section 509 applicable not only at the trial stage but also to Courts exercising appellate, reference or revisional jurisdiction. Accordingly, the question whether the defect caused prejudice and whether the statement was duly made can arise at those later stages as well.
Practical summary
Core rule: A procedural defect in recording a statement under Section 183 or Section 316 does not, by itself, decide admissibility. Section 509 requires the Court to examine the nature of the non-compliance, its effect on the defence, and whether the accused actually made the recorded statement.
This page is intended for general legal information and should be read with the current statutory text and applicable judicial decisions.