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.

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Advocate Arjun Vinod Bobde

  Supreme Court of India
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Advocate Prashant Mendiratta

  Lajpat Nagar 4
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  Greater Kailash 1
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