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What are the irregularities which do not vitiate proceedings? What are the irregularities which vitiate proceedings? Section 460 and 461 of Code of Criminal Procedure 1973

Irregularities which do not vitiate proceedings and irregularities which vitiate proceedings are defined under Section 460 and 461 of CRPC 1973. Provisions under these sections are:


Section 460 of CRPC "Irregularities which do not vitiate proceedings"

If any Magistrate not empowered by law to do any of the following things, namely:-

(a) to issue a search-warrant under Section 94;

(b) to order, under Section 155, the police to investigate an offence;

(c) to hold an inquest under Section 176;




(d) 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;

(e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of Section 190;

(f) to make over a case under sub-section (2) of Section 192;

(g) to tender a pardon under Section 306;

(h) to recall a case and try it himself under Section 410; or

(i) 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.


Section 461 of CRPC "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 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.

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