Skip to content

Irregularities which vitiate proceedings


Irregularities which vitiate proceedings :

Section – 461. If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely :—

(a) Â (a) attaches and sells property under section 83;
(b) Â issues a search-warrant for a document, parcel or other thing in the custody of a postal or telegraph authority;
(c) Â demands security to keep the peace;
(d) Â demands security for good behaviour;
(e) Â discharges a person lawfully bound to be of good behaviour;
(f) Â cancels a bond to keep the peace;
(g) Â makes an order for maintenance;
(h) Â makes an order under section 133 as to a local nuisance;
(i) Â prohibits, under section 143, the repetition or continuance of a public nuisance;
(j) Â makes an order under Part C or Part D of Chapter X;
(k) Â takes cognizance of an offence under clause (c) of sub-section (1) of section 190;
(l) Â tries an offender;
(m) Â tries an offender summarily;
(n) Â passes a sentence, under section 325, on proceedings recorded by another Magistrate;
(o) Â decides an appeal;
(p) Â calls, under section 397, for proceedings; or
(q) Â revises an order passed under section 446,

his proceedings shall be void.