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Code of Criminal Procedure, 1973 · Chapter XXXV: Irregular Proceedings

Section 463: Non-compliance with provisions of section 164 or section 281

The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BNSS section 509 (Non-compliance with provisions of section 183 or section 316)

In plain words

If a court finds that a Magistrate did not comply with section 164 or section 281 when recording an accused's confession or statement, it can take evidence about the non-compliance despite section 91 of the Indian Evidence Act, 1872, and admit the statement if satisfied that it did not harm the accused's defence on the merits and that they did make it. This also applies to appeal, reference and revision courts.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

(1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 164 or

section 281, 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 91 of the Indian Evidence Act, 1872 (1 of 1872), 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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 463