Section 461 – The Code of Criminal Procedure, 1973 (CrPc)

The Code of Criminal Procedure, 1973 (CrPc)

461. Irregularities, which vitiate proceedings

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 thing 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.

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Section 461 – The Code of Criminal Procedure, 1973 (CrPc)

The Code of Criminal Procedure, 1973 (CrPc)

 

 

461. Irregularities, which vitiate proceedings

 

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 thing 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.

 

 

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