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Code of Criminal Procedure, 1973

Section 461

Irregularities which vitiate proceedings

Quick Answer Reference: Section 461 CrPC

  • Provision: Section 461 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 461 of CrPC say?

If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely; attaches and sells property under section 83; issues a search-warrant for a document, parcel or other thing in the custody of a postal or telegraph authority; demands security to keep the peace; demands security for good behaviour; discharges a person lawfully bound to be of good behaviour; cancels a bond to keep the peace; makes an order for maintenance; makes an order under section 133 as to a local nuisance; prohibits, under section 143, the repetition or continuance of a public nuisance; makes an order under Part C or Part D of Chapter X; takes cognizance of an offence under clause © of Sub-Section (1) of section 190; tries an offender; tries an offender summarily; passes a sentence, under section 325, on proceedings recorded by another Magistrate; decides an appeal; calls, under section 397, for proceedings; or revises an order passed under section 446, his proceedings shall be void.

Indian StandardSection 461, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 461 (India)
Court Pleading StandardSection 461 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/461

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 461 CrPC

What is Section 461 of CrPC?

Section 461 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Irregularities which vitiate proceedings". The section states: If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely; attaches and sells property under section 83; issues a search-warrant ...

What is the punishment under Section 461 of CrPC?

Section 461 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 461 of CrPC bailable or non-bailable?

Whether Section 461 of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 461 CrPC

2014 8 SCC 273

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)