Section 461

Irregularities which vitiate proceedings.

The Code of Criminal Procedure, 1973

  • Act 2 of 1974
  • Ministry of Home Affairs
  • Department of Internal Security
About this Act

An Act to consolidate and amend the law relating to Criminal Procedure.

All sections
    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;
        (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;
        (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 under section 133 as to a local nuisance;
        (i) prohibits, under section 143, the repetition or continuance of a public nuisance;
        (j) makes an order under Part C or Part D of Chapter X;
        (k) takes cognizance of an offence under clause (c) of sub-section (1) of section 190;
        (l) tries an offender;
        (m) tries an offender summarily;
        (n) passes a sentence, under section 325, on proceedings recorded by another Magistrate;
        (o) decides an appeal;
        (p) calls, under section 397, for proceedings; or
        (q) revises an order passed under section 446,
his proceedings shall be void.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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