Section 460 CrPC: Irregularities which do not vitiate proceedings

Code of Criminal Procedure, 1973

Section 460 CrPC at a Glance

Section 460 CrPC deals with irregularities which do not vitiate proceedings. From 1 July 2024 it is replaced by Section 506 BNSS.

Now BNSS

Section 506 →

What Section 460 CrPC Says

460. Irregularities which do not vitiate proceedings

If any Magistrate not empowered by law to do any of the following things, namely:—

(a) to issue a search-warrant under section 94;

(b) to order, under section 155, the police to investigate an offence;

(c) to hold an inquest under section 176;

(d) to issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;

(e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 190;

(f) to make over a case under sub-section (2) of section 192;

(g) to tender a pardon under section 306;

(h) to recall a case and try it himself under section 410; or

(i) to sell property under section 458 or section 459, erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

Source: Section 460, Code of Criminal Procedure, 1973

Section 460 CrPC in Simple Words

Section 460 of the Code of Criminal Procedure, 1973 speaks of a Magistrate not empowered by law to do any of the things listed in it, who erroneously in good faith does that thing. The proceedings of the Magistrate shall not be set aside merely on the ground of the Magistrate not being so empowered.

When Section 460 CrPC Applies

  • Section 460 CrPC speaks of a Magistrate not empowered by law to do any of the listed things, who erroneously in good faith does that thing.
  • The listed things include to issue a search-warrant under Section 94 CrPC, to order the police to investigate an offence under Section 155 CrPC, and to hold an inquest under Section 176 CrPC.
  • They also include to issue process under Section 187 CrPC for the apprehension of a person within the local jurisdiction who has committed an offence outside the limits of such jurisdiction, and to take cognizance of an offence under clause a or clause b of Section 190(1) CrPC.
  • They also include to make over a case under Section 192(2) CrPC, to tender a pardon under Section 306 CrPC, to recall a case and try it himself under Section 410 CrPC, and to sell property under Section 458 CrPC or Section 459 CrPC.
  • The proceedings of the Magistrate shall not be set aside merely on the ground of the Magistrate not being so empowered.

Example of Section 460 CrPC

Magistrate Ravi is not empowered by law to hold an inquest under Section 176 CrPC. Ravi erroneously in good faith holds an inquest. Section 460 CrPC says the proceedings of Ravi shall not be set aside merely on the ground of Ravi not being so empowered.

When Section 460 CrPC Does Not Apply

  • Section 460 CrPC speaks of a Magistrate who erroneously in good faith does a listed thing. It does not deal with irregularities which vitiate proceedings, which are the subject of Section 461 CrPC.
  • Section 460 CrPC speaks of the listed things. It does not deal with the effect of omission to frame, or absence of, or error in, a charge, which is the subject of Section 464 CrPC.

Section 460 CrPC Under BNSS 506: What Changed

Section 460 CrPC is now covered under Section 506 BNSS.

Section 506 BNSS has the same heading as Section 460 CrPC and the same listed things in the same order. The cross-references are renumbered: Section 94 CrPC to Section 97 BNSS, Section 155 CrPC to Section 174 BNSS, Section 176 CrPC to Section 196 BNSS, Section 187 CrPC to Section 207 BNSS, Section 190 CrPC to Section 210 BNSS, Section 192 CrPC to Section 212 BNSS, Section 306 CrPC to Section 343 BNSS, Section 410 CrPC to Section 450 BNSS, Section 458 CrPC to Section 504 BNSS and Section 459 CrPC to Section 505 BNSS. The other words read the same.

View detailed comparison (CrPC 460 vs BNSS 506) →

FAQs on Section 460 CrPC

What does Section 460 CrPC say about the proceedings of a Magistrate not empowered by law?▼

Section 460 CrPC says that where such a Magistrate erroneously in good faith does one of the listed things, the proceedings shall not be set aside merely on the ground of the Magistrate not being so empowered.

Which things are listed in Section 460 CrPC?▼

Section 460 CrPC lists issuing a search-warrant under Section 94 CrPC; ordering the police to investigate an offence under Section 155 CrPC; holding an inquest under Section 176 CrPC; issuing process under Section 187 CrPC; taking cognizance under clause a or clause b of Section 190(1) CrPC; making over a case under Section 192(2) CrPC; tendering a pardon under Section 306 CrPC; recalling a case under Section 410 CrPC; and selling property under Section 458 CrPC or Section 459 CrPC.

Does Section 460 CrPC speak of good faith?▼

Yes. Section 460 CrPC speaks of a Magistrate who erroneously in good faith does that thing.

Where is Section 460 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 460 CrPC has no sub-sections, and maps as a whole to Section 506 BNSS from 1 July 2024. The sections it names are found in Section 97 BNSS, Section 174 BNSS, Section 196 BNSS, Section 207 BNSS, Section 210 BNSS, Section 212 BNSS, Section 343 BNSS, Section 450 BNSS, Section 504 BNSS and Section 505 BNSS, in the order of Section 94 CrPC, Section 155 CrPC, Section 176 CrPC, Section 187 CrPC, Section 190 CrPC, Section 192 CrPC, Section 306 CrPC, Section 410 CrPC, Section 458 CrPC and Section 459 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·