What are the irregularities which vitiate proceedings?

Question: What are the irregularities which vitiate proceedings?

Find the answer only on Legal Bites. [What are the irregularities which vitiate proceedings?]

Answer

The provisions related to irregular proceedings are contained in Chapter XXXV CrPC, 1973 containing sections 460-466.
Section 461 in the Code of Criminal Procedure, 1973 lays down the provision regarding irregularities which vitiate proceedings. This section enumerates 17 kinds of irregularities which render proceedings void.

If any Magistrate, not being empowered by law on this behalf, does any of the following things, namely:-

1. attaches and sells the property under section 83;
2. issues a search- warrant for a document, parcel or other things 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 (c) 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.

No question of error or good faith arises here. In other words, they are illegalities which vitiate the proceedings. Such proceedings have no existence in point of law: they need not be set aside by a superior Court. This means the Magistrate has no initial jurisdiction to try the matter.

---

Important Mains/Long Questions for Judiciary, APO & University Exams

• Criminal Procedure Law – Notes, Case Laws, And Study Material
• Test Series for Competitions