35 exam-style questions on this chapter, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.
Q1 · easy · BNSS S.506
According to Section 506 of the Bharatiya Nagarik Suraksha Sanhita, 2023, if a Magistrate not empowered by law erroneously in good faith performs one of the listed acts, what is the effect on his proceedings?
- A.They shall not be set aside merely on the ground of his not being so empowered.✓ correct
- B.They shall be declared void and set aside.
- C.They shall be automatically referred to a higher court for review.
- D.They shall be valid only if the accused waives objection.
Why: The provision states that if a Magistrate not empowered by law erroneously in good faith does any of the listed things, "his proceedings shall not be set aside merely on the ground of his not being so empowered." This means lack of empowerment alone is not sufficient to set aside proceedings.
Read Section 506 — Irregularities which do not vitiate proceedings →Q2 · easy · BNSS S.506
Which power is specified in clause (a) of Section 506?
- A.To order, under section 174, the police to investigate an offence.
- B.To hold an inquest under section 196.
- C.To issue a search-warrant under section 97.✓ correct
- D.To sell property under section 504.
Why: Clause (a) of the provision refers to "to issue a search-warrant under section 97." The text explicitly lists this as clause (a).
Read Section 506 — Irregularities which do not vitiate proceedings →Q3 · medium · BNSS S.506
What state of mind qualifying the magistrate’s act is expressly mentioned in Section 506?
- A.Mala fide (bad faith).
- B.In good faith.✓ correct
- C.Negligently.
- D.Knowingly without jurisdiction.
Why: The provision repeatedly qualifies the magistrate's actions as done "erroneously in good faith." Thus the recognised state of mind in the section is "in good faith."
Read Section 506 — Irregularities which do not vitiate proceedings →Q4 · medium · BNSS S.506
If a Magistrate not empowered to issue process under section 207 erroneously in good faith issues such a process for apprehension of a person who committed an offence outside his local jurisdiction, what does Section 506 provide?
- A.The proceedings are automatically invalid and must be set aside.
- B.The proceedings require a fresh trial by a competent magistrate.
- C.The proceedings are void unless confirmed by a superior court.
- D.The proceedings shall not be set aside merely on the ground of his not being so empowered.✓ correct
Why: Clause (d) deals with issuing process under section 207 for apprehension within local jurisdiction for offences outside it. The section concludes that such proceedings "shall not be set aside merely on the ground of his not being so empowered."
Read Section 506 — Irregularities which do not vitiate proceedings →Q5 · hard · BNSS S.506
Does Section 506 bar setting aside proceedings on any ground once a magistrate is found not to have been empowered to do a listed act?
- A.No — it only prevents setting aside merely for lack of empowerment; proceedings may still be set aside on other grounds.✓ correct
- B.Yes — once lack of empowerment is shown, proceedings cannot be set aside for any reason.
- C.Yes — proceedings become immune from challenge except by the Attorney General.
- D.No — it requires that all such proceedings be retried afresh.
Why: The wording is that proceedings "shall not be set aside merely on the ground of his not being so empowered," which means the protection is limited to that sole ground; it does not preclude setting aside for other valid reasons.
Read Section 506 — Irregularities which do not vitiate proceedings →30 more questions on Irregular Proceedings
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