Code of Criminal Procedure
(CRPC)
Irregularities which vitiate proceedings.
Chapter 35: Irregular Proceedings
Section: 461
- 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.
