CrPC Section 461
π Section 461 of the Criminal Procedure Code (CrPC), 1973
Title: "Irregularities which vitiate proceedings"
This section lists specific acts that, if done by a Magistrate not empowered to do them, are considered illegal and void (vitiate the proceedings). Unlike some procedural errors that can be overlooked or corrected (under Section 460 CrPC), the irregularities under Section 461 are so serious that they make the entire proceeding null and void.
β Purpose of Section 461
To ensure that unauthorized exercise of judicial powers by a Magistrate does not stand legally. If a Magistrate without proper jurisdiction or authority performs certain judicial acts, the proceedings are considered invalid and cannot be saved.
βοΈ Full List of Acts Under Section 461 CrPC
If any Magistrate not empowered by law performs any of the following acts, the proceedings are void:
| Clause | Irregular Act (done without authority) |
|---|---|
| (a) | Attaching and selling property under Section 83 (related to proclamation and attachment of absconding personβs property). |
| (b) | Issuing a search warrant under Section 94 (search of place suspected to contain stolen property, etc.). |
| (c) | Ordering a police investigation under Section 155(2) (non-cognizable offences). |
| (d) | Holding an inquest under Section 176 (inquiries into the cause of death in police custody, etc.). |
| (e) | Issuing process to compel the appearance of a person (e.g., summons or warrant). |
| (f) | Requiring security for keeping the peace. |
| (g) | Discharging a person lawfully bound to be of good behaviour. |
| (h) | Cancelling a bond to keep the peace or for good behaviour. |
| (i) | Making an order for maintenance under Section 125. |
| (j) | Making an order under Section 133 (public nuisance). |
| (k) | Prohibiting repetition of a nuisance. |
| (l) | Making an order under Section 142 (removal of nuisance). |
| (m) | Holding an inquiry or trial for an offence. |
| (n) | Trying an offender. |
| (o) | Passing a sentence. |
| (p) | Deciding an appeal. |
| (q) | Calling for proceedings. |
| (r) | Revising an order. |
| (s) | Transferring a case. |
| (t) | Any other act that a Magistrate is not empowered by law to do. |
π« Effect of These Irregularities
Proceedings are vitiated β they become invalid and have no legal effect.
The irregular act cannot be cured or validated later.
This is a mandatory provision β once established, the court must declare the proceedings void.
π§ Difference Between Section 460 and Section 461
| Aspect | Section 460 | Section 461 |
|---|---|---|
| Type of Irregularities | Minor irregularities | Serious irregularities |
| Effect on Proceedings | Do not vitiate proceedings (are valid) | Vitiate proceedings (are invalid) |
| Nature | Directory (can be overlooked) | Mandatory (must be followed) |
| Example | Issuing a search warrant by a Magistrate not empowered, if done in good faith (Section 460). | Same act, but under Section 461, is void if not empowered. |
π§Ύ Illustration
Example 1:
A Magistrate not empowered to try a particular offence tries the case and convicts the accused.
This falls under clause (n) β trying an offender.
As per Section 461, the entire trial is void.
Example 2:
A Magistrate without authority issues an order under Section 125 for maintenance.
Clause (i) applies.
The order is illegal and unenforceable.
π Conclusion
Section 461 CrPC is a protective legal provision that prevents judicial overreach. It ensures that only duly authorized Magistrates exercise sensitive and serious powers. Any unauthorized act listed in this section renders the proceeding null and void.
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