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Code of Criminal Procedure, 1973

Section 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. Note: 1. Subs. by Act 25 of 2005, s. 41, for ―less than ten rupees‖ (w.e.f. 23-6-2006).

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Text: IndiaCode Portal (Chandigarh copy). Open on India Code Check against the official text before relying on it.

Replaced by

The Bharatiya Nagarik Suraksha Sanhita, 2023, Section 507. 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 85; (b) issues a search-warrant for a document, parcel or other things in the custody of a postal 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 152 as to a local nuisance; (i) prohibits, under section 162, the repetition or continuance of a public nuisance; (j) makes an order under Part C or Part D of Chapter XI; (k) takes cognizance of an offence under clause (c) of sub-section (1) of section 210; (l) tries an offender; (m) tries an offender summarily; (n) passes a sentence, under section 364, on proceedings recorded by another Magistrate; (o) decides an appeal; (p) calls, under section 438, for proceedings; or (q) revises an order passed under section 491, his proceedings shall be void.

Pair from: BPR&D correspondence tables (bprd.mha.gov.in; A. K. Yadav, CAPT Bhopal)

Cases citing this section

Cited in 22 documents

Source: Order and office-report PDFs whose text cites the section, read by rule (document_citations); each case through its orders and office reports that carry the PDF

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