Wrong Section, Right Court: SC Says Cognizance Error Won't Sink The Case

The Supreme Court has ruled that a Magistrate's error in taking cognizance under the wrong statutory provision is a curable defect under Section 465 CrPC, not grounds to quash proceedings, provided the Magistrate otherwise had jurisdiction. A bench of Justices Sanjay Karol and Kotiswar Singh made the observation in a case involving a 2015 Bhuj civic body election dispute, upholding the State's argument over the appellant's claim of a jurisdictional error. The matter was remanded to the Magistrate to take cognizance afresh. Cause Title: Chandrikaben Kishor Dafda v. State of Gujarat & Anr. No opinion was expressed on merits.

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Wrong Section, Right Court: SC Says Cognizance Error Won't Sink The Case

A Slip In The Section, Not A Fatal Flaw

The Supreme Court has held that a Magistrate's mistake in taking cognizance of an offence under the wrong statutory provision is a curable defect, not fatal to the proceedings, so long as the Magistrate otherwise possesses jurisdiction over the matter. A bench of Justices Sanjay Karol and Nongmeikapam Kotiswar Singh made the observation while invoking Section 465 of the CrPC.

The Councillor's Challenge

The case arose from a dispute involving the winning candidate of a 2015 councillor election in the Bhuj Civic Body. The appellant challenged a Gujarat High Court order that had refused to interfere with a Magistrate's decision to take cognizance of an offence under the Representation of the People Act. The appellant argued that cognizance had been taken under an incorrect provision, calling it a jurisdictional error striking at the very root of the proceedings.

State's Defence: Section 465 Comes To The Rescue

The State countered that Section 465 CrPC was designed precisely to save such an error, since the core issue was not whether the Magistrate had power to act, but merely under which provision that power was exercised. The Supreme Court agreed, observing that an error in citing the wrong section is curable as long as the court had the power to take cognizance under the correct provision as well.

No Verdict On Merits, Case Sent Back

Rather than quashing the proceedings outright, the Court remanded the matter to the Magistrate concerned, directing that cognizance be taken afresh and the case proceed in accordance with law. It clarified that its ruling was confined strictly to the validity of the cognizance order and expressed no opinion on the merits of the underlying dispute.

Case Details

Cause Title: Chandrikaben Kishor Dafda v. State of Gujarat & Anr. The ruling reinforces the settled principle that procedural missteps in citing the wrong section do not automatically doom a prosecution, provided the court's underlying jurisdiction remains intact and no prejudice is caused to the accused.