Section 461 CrPC: Irregularities which vitiate proceedings

What Section 461 CrPC Says

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 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: Section 461, Code of Criminal Procedure, 1973

Section 461 CrPC in Simple Words

When Section 461 CrPC Applies

• Section 461 CrPC speaks of a Magistrate who is not empowered by law in this behalf and who does any of the things listed in the section.
• Section 461(a) CrPC and Section 461(b) CrPC speak of attaching and selling property under Section 83 CrPC, and of issuing a search-warrant for a document, parcel or other things in the custody of a postal or telegraph authority.
• Section 461(c) CrPC to Section 461(g) CrPC speak of demanding security to keep the peace, demanding security for good behaviour, discharging a person lawfully bound to be of good behaviour, cancelling a bond to keep the peace and making an order for maintenance.
• Section 461(h) CrPC to Section 461(j) CrPC speak of an order under Section 133 CrPC as to a local nuisance, a prohibition under Section 143 CrPC of the repetition or continuance of a public nuisance, and an order under Part C or Part D of Chapter X.
• Section 461(k) CrPC to Section 461(q) CrPC speak of taking cognizance of an offence under Section 190(1)(c) CrPC, trying an offender, trying an offender summarily, passing a sentence under Section 325 CrPC on proceedings recorded by another Magistrate, deciding an appeal, calling for proceedings under Section 397 CrPC and revising an order passed under Section 446 CrPC.

Example of Section 461 CrPC

When Section 461 CrPC Does Not Apply

• Section 461 CrPC speaks of things done by a Magistrate not empowered by law in this behalf, whose proceedings shall be void. It does not deal with irregularities which do not vitiate proceedings, which Section 460 CrPC speaks of.
• Section 461 CrPC speaks of things done by a Magistrate not empowered by law in this behalf. It does not deal with proceedings in the wrong place, which Section 462 CrPC speaks of.

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FAQs on Section 461 CrPC

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