CrPC Section 460 — Irregularities which do not vitiate proceedings

Summary

If a Magistrate who is not legally empowered to do so mistakenly and in good faith does one of the listed things, the proceedings cannot be set aside merely because the Magistrate lacked that authority: (a) issuing a search warrant under section 94; (b) ordering the police to investigate an offence under section 155; (c) holding an inquest under section 176; (d) issuing process under section 187 to apprehend, within the Magistrate’s local jurisdiction, a person who committed an offence outside it; (e) taking cognizance of an offence under clause (a) or (b) of section 190(1); (f) transferring a case under section 192(2); (g) offering a pardon under section 306; (h) recalling a case and trying it personally under section 410; or (i) selling property under section 458 or 459.

Official Text

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.

Sections referred to

• CrPC §94 — Search of place suspected to contain stolen property, forged documents, etc
• CrPC §155 — Information as to non-cognizable cases and investigation of such cases
• CrPC §176 — Inquiry by Magistrate into cause of death
• CrPC §187 — Power to issue summons or warrant for offence committed beyond local jurisdiction
• CrPC §190 — Cognizance of offences by Magistrates
• CrPC §192 — Making over of cases to Magistrates
• CrPC §306 — Tender of pardon to accomplice
• CrPC §410 — Withdrawal of cases by Judicial Magistrate
• CrPC §458 — Procedure where no claimant appears within six months
• CrPC §459 — Power to sell perishable property

Referred to by

• CrPC §39 — Public to give information of certain offences

Old <-> New Code Mapping

• BNSS §506 — Irregularities which do not vitiate proceedings