Irregularities which vitiate proceedings (Section 461 of CrPc)

Legal provisions regarding irregularities which vitiate proceedings under section 461 of the Code of Criminal Procedure, 1973.

As per Section 461 of the Code of Criminal Procedure, if any Magistrate, not being empowered by law in this behalf, does any of the following things, namely:

(a) Attaches and sells property under Section 83 which deals with attachment of property of the person absconding;

(b) Issues a search-warrant for a document, parcel or other things in the custody of a postal or telegraph authority;

(c) Demands security to keep the peace;

(d) Demands security for good behaviour;

Image Source: 185.26.182.219

(e) Discharges a person lawfully bound to be of good behaviour;

(f) Cancels a bond to keep the peace;

(g) Makes an order for maintenance;

(h) Makes an order as to a local nuisance under Section 133 which deals with conditional order for removal of nuisance;

(i) Prohibits the repetition or continuance of a public nuisance under Section 143 which deals with the prohibition of repetition or continuance of public nuisance by a Magistrate;

(j) Makes an order under Part С or Part D of Chapter X which deals with urgent cases of nuisance or apprehended danger (Section 144) and disputes as to immovable property (Sections 145 to 148);

(k) Takes cognizance of an offence under clause (c) of sub-section (1) of Section 190 which deals with cognizance of offences by Magistrates;

(l) Tries an offender;

(m) Tries an offender summarily;

(n) Passes a sentence on proceedings recorded by another Magistrate under Section 325 which deals with procedure when Magistrate cannot pass sentence sufficiently severe;

(o) Decides an appeal;

(p) Calls for proceedings under Section 397 which deals with the calling for records to exercise powers of revision;

(q) Revises an order passed under Section 446 which deals with procedure when bond has been forfeited his proceedings shall be void.