Jan 8, 2018
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Irregular Proceedings under Code of Criminal Procedure, 1973

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Irregular Proceedings under Code of Criminal Procedure, 1973

Irregularities which do not vitiate proceedings ( Section 460)

If any Magistrate has not conferred powers upon by the law. If he do any things erroneously in good faith  his proceedings shall not set aside merely on the ground of his not so empowered. The following are the nine things to:

  1.  issue a search-warrant under section 94;
  2.  order police investigation for an offence under section 155,;
  3.  hold an inquest under section 176;
  4.  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;
  5.  take cognizance of an offence under section 190;
  6.  make over a case under section 192;
  7.  tender a pardon under section 306;
  8.  recall a case and try it himself under section 410; or
  9. also sell property under section 458 or section 459.

 Irregularities which vitiate proceedings (section 461)

If any Magistrate, not empowered by law in this behalf, aslo does any of the following things his proceedings shall declared void. Following are the things :

  1. attaches and sells property under section 83;
  2. issues a search-warrant for a document, parcel or also other thing in the custody of a postal or telegraph authority;
  3. demands security to keep the peace;
  4. also 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. also 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 © of Sub-Section (1) of section 190;
  12. tries an offender;
  13. also try an offender summarily;
  14. passes a sentence on proceedings recorded by another Magistrate under section 325,;
  15. decides an appeal;
  16. also call for proceedings under section 397,; or
  17. revises an order passed under section 446.

Proceedings in wrong place (section 462)

Any Criminal Court order or findings shall not set aside. Merely on grounds that the inquiry or trial or other proceedings took place in wrong session or division or other local area. Unless it appears that such error has in fact occasioned a failure of justice.

Irregularity in recording statements and confessions (section 463)

The law has provided proper safeguards for recording and use in criminal trials. As statements and confessions occupy an extremely delicate position in criminal law. Non-observance of such requirements results in having a statement or confession ruled out of evidence. S. 463 therefore, provides that even if the Magistrate finds that requirements of the law have not complied. He may take evidence as regards of such non-compliance. If he satisfied that such non-compliance has not injured the accused in his defence. Then he may record the statment.

 Effect of omission to frame charge, or error in the charge (Sec. 464):

S. 464 lays down that a competent Court order or findings shall not be invalid. Merely on grounds that no charge framed or any error, omission or irregularity in charge. Unless in the opinion of the Court of Appeal, confirmation or also revision, a failure of justice has occasioned thereby.

If, however, such Court is of the opinion that a failure of justice has occasioned thereby, it may—

(a) In the case of an omission to frame a charge, —order formation of charge and re-commence the trial from the point immediately after the framing of the charge;

(b) In the case of an error, omission or irregularity in the charge, — direct a new trial held upon a charge framed in a manner it thinks fit.

However, if in the opinion of court, the facts of the case such that no valid charge could preferred against the accused in respect of the facts proved, it must quash the conviction.

 Court’s order, when reversible due to error, omission or irregularity (Sec. 465):

Order or finding of a Court of competent jurisdiction shall reversible. Merely on grounds of any error, omission, and also irregularity in the complaint, summons, warrant, order or also judgement during the trial.  Unless in the opinion of that Court, a failure of justice has in fact occasioned thereby. In determining whether any error, omission or also irregularity in any proceeding under this Code, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

Legality of attachment (Sec. 466):

S. 466 provides that no attachment made under the Criminal Procedure Code is to be deemed to be unlawful on account of any defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto. In such cases, any person making the attachment cannot likewise be deemed to be a trespasser.

 

Article Categories:
Criminal law

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