The
Code of Criminal Procedure, 1973
CHAPTER XXXV
: IRREGULAR PROCEEDINGS
460. Irregularities which do not vitiate proceedings
If any Magistrate not empowered by law to do any or the following thing,
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.
461. 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 thing 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 or 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.
462. Proceedings in wrong place
No finding, sentence or order of any Criminal Court shall be set aside
merely on the ground that the inquiry, trial or other proceedings in
the course of which it was arrived at or passed, took place in a wrong
sessions division, district, sub-division or other local area, unless
it appears that such error has in fact occasioned a failure of justice.
463. Non-compliance with provisions of section 164 or section 281
(1) If any Court before which a confession or other statement of an
accused person recorded, or purporting to be recorded under section 164
or section 281, is tendered, or has been received, in evidence finds
that any of the provisions of either of such sections have not been complied
with by the Magistrate recording the statement, it may, notwithstanding
anything contained in section 91 of the Indian Evidence Act, 1872 (1
of 1872), take evidence in regard to such non-compliance, and may, if
satisfied that such non-compliance has not injured the accused in his
defence on the merits and that he duly made the statement recorded, admit
such statement.
(2) The provisions of this section apply to Courts of appeal, reference
and revision.
464. Effect of omission to frame, or absence of, or error in, charge
(1) No finding, sentence or order by a Court of competent jurisdiction
shall be deemed invalid merely on the ground that no charge was framed
or on the ground of any error, omission or irregularity in the charge
including any misjoinder of charges, unless, in the opinion of the Court
of appeal, confirmation or revision, a failure of justice has in fact
been occasioned thereby.
(2) If the Court of appeal, confirmation or revision is of opinion
that a failure of justice has in fact been occasioned, it may-
(a) in the case of an omission to frame a charge, order that a charge
be framed and that the trial be recommenced 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 to be had upon a charge framed in whatever manner
it thinks fit:
Provided that if the Court is of opinion that the facts of the case
are such that no valid charge could be preferred against the accused
in respect of the facts proved, it shall quash the conviction.
465. Finding or sentence when reversible by reason of error, omission
or irregularity
(1) Subject to the provisions hereinbefore contained, no finding, sentence
or order by a Court of competent jurisdiction shall be reversed or altered
by a Court of appeal, confirmation or revision on account of any error,
omission or irregularity in the complaint, summons, warrant, proclamation,
order, judgment or other proceedings before or during trial or in any
inquiry or other proceedings under this Code, or any error, or irregularity
in any sanction for the prosecution, unless in the opinion of that Court,
a failure of justice has in fact been occasioned thereby.
(2) In determining whether any error, omission or 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.
466. Defect or error not to make attachment unlawful
No attachment made under this Code shall be deemed unlawful, nor shall
any person making the same be deemed a trespasser, on account of any
defect or want of form in the summons, conviction, writ of attachment
or other proceedings relating thereto.
|
