Mention the irregularities which do not vitiate proceedings.
Section 460 of the Code of Criminal Procedure lays down the provision regarding irregularities which do not vitiate proceedings.
Question: Mention the irregularities which do not vitiate proceedings. [DJS 1989, U.P.C.J. 2018] Find the answer only on Legal Bites. [Mention the irregularities which do not vitiate proceedings.] Answer An irregularity may be defined as deviation from or want of adherence to rule or mode of proceeding. It consists either in omitting to do something that is necessary for the due and orderly conduct of the trial or doing it in an unreasonable or improper method or manner. Section 460 of...
Question: Mention the irregularities which do not vitiate proceedings. [DJS 1989, U.P.C.J. 2018]
Find the answer only on Legal Bites. [Mention the irregularities which do not vitiate proceedings.]
Answer
An irregularity may be defined as deviation from or want of adherence to rule or mode of proceeding. It consists either in omitting to do something that is necessary for the due and orderly conduct of the trial or doing it in an unreasonable or improper method or manner.
Section 460 of the Code of Criminal Procedure lays down the provision regarding irregularities which do not vitiate proceedings. This section cures nine kinds of irregularities, provided they are caused erroneously and in good faith. The 9 kinds of irregularities are listed below:
- to issue a search- warrant under section 94;
- to order, under section 155, the police to investigate an offence;
- to hold an inquest under section 176;
- to issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;
- to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 190;
- to make over a case under sub-section (2) of section 192; (g) to tender a pardon under section 306;
- to recall a case and try it himself under section 410; or
- to sell property under section 458 or section 459, erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.
A further qualification is implied, though it is not expressly stated in the section, viz, they should not occasion a failure of justice. The section deals with acts done by a Magistrate in no way empowered by law to do those acts; it has no reference to a Magistrate empowered otherwise under the Act to do an act but not possessing jurisdiction over the offence.
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