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INDIAN KANOON SECTION 461 CrPC - Code of Criminal Procedure - Irregularities which vitiate proceedings


Description

If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely;

  1. attaches and sells property under section 83;
  2. issues a search-warrant for a document, parcel or other thing in the custody of a postal or telegraph authority;
  3. demands security to keep the peace;
  4. demands security for good behaviour;
  5. discharges a person lawfully bound to be of good behaviour;
  6. cancels a bond to keep the peace;
  7. makes an order for maintenance;
  8. makes an order under section 133 as to a local nuisance;
  9. prohibits, under section 143, the repetition or continuance of a public nuisance;
  10. makes an order under Part C or Part D of Chapter X;
  11. takes cognizance of an offence under clause of Sub-Section (1) of section 190;
  12. tries an offender;
  13. tries an offender summarily;
  14. passes a sentence, under section 325, on proceedings recorded by another Magistrate;
  15. decides an appeal;
  16. calls, under section 397, for proceedings; or
  17. revises an order passed under section 446,
    his proceedings shall be void.


Click here to read more from the Code of Criminal Procedure (CrPc), 1973.


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