Section 507 of BNSS : Section 507: Irregularities which vitiate proceedings.

Explanation using Example

Example 1:

Scenario: A local Magistrate, Mr. Sharma, who is not authorized to handle property attachment cases, decides to attach and sell the property of Mr. Verma under Section 85 of the Bharatiya Nagarik Suraksha Sanhita 2023.

Application of Section 507: Since Mr. Sharma is not empowered by law to attach and sell property, his actions are considered irregular. According to Section 507, these proceedings are void, meaning Mr. Verma can challenge the attachment and sale of his property, and the court will nullify Mr. Sharma's actions.

Example 2:

Scenario: Magistrate Ms. Rao, who does not have the authority to issue search warrants for documents in the custody of postal authorities, issues a search warrant to seize a parcel belonging to Mr. Singh.

Application of Section 507: Ms. Rao's issuance of the search warrant is an irregularity because she is not empowered by law to do so. Under Section 507, this proceeding is void. Mr. Singh can contest the search warrant, and the court will declare it invalid, protecting Mr. Singh's rights.

Example 3:

Scenario: Magistrate Mr. Patel, who is not authorized to demand security for good behavior, orders Mr. Khan to provide security to ensure his good behavior.

Application of Section 507: Mr. Patel's order is an irregularity as he is not empowered to demand such security. According to Section 507, this proceeding is void. Mr. Khan can appeal against the order, and the court will invalidate Mr. Patel's demand for security.

Example 4:

Scenario: Magistrate Ms. Desai, who does not have the authority to make maintenance orders, issues an order for Mr. Mehta to pay maintenance to his estranged wife.

Application of Section 507: Ms. Desai's maintenance order is an irregularity because she is not empowered by law to make such orders. Under Section 507, this proceeding is void. Mr. Mehta can challenge the maintenance order, and the court will nullify Ms. Desai's order.

Example 5:

Scenario: Magistrate Mr. Gupta, who is not authorized to try offenders summarily, conducts a summary trial for Mr. Roy, who is accused of theft.

Application of Section 507: Mr. Gupta's summary trial is an irregularity as he is not empowered to conduct such trials. According to Section 507, this proceeding is void. Mr. Roy can contest the summary trial, and the court will declare it invalid, ensuring that Mr. Roy's case is handled by a properly authorized Magistrate.