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Section460
The Code of Criminal Procedure Act

Irregularities which do not vitiate proceedings

Repealed Act 2 of 1974 As on 19 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 2 of 1974 Cited by 1 provision

This is a second copy of a Central Act. India Code files it on Delhi's shelf as well as under Parliament, and the text is the same enactment. Read it at The Code of Criminal Procedure, 1973, which is the record this site keeps current.

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 460 of the Code of Criminal Procedure Act deals with irregularities which do not vitiate proceedings. If any Magistrate not empowered by law to do any of the following things, namely :- (a) to issue a search-warrant under section 94;

If any Magistrate not empowered by law to do any of the following things, namely :- (a) to issue a search-warrant under section 94; 1. Subs. by Act 25 of 2005, s. 41, for "less than ten rupees" (w.e.f. 23-6-2006).

(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.

Section 460, The Code of Criminal Procedure Act (Act 2 of 1974).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

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

Referred to by 1

  1. s. 39 Public to give information of certain offences

Questions about Section 460

What does Section 460 of the Code of Criminal Procedure Act deal with?

Section 460 of the Code of Criminal Procedure Act is headed "Irregularities which do not vitiate proceedings". If any Magistrate not empowered by law to do any of the following things, namely :- (a) to issue a search-warrant under section 94;

How do I find court cases under Section 460 of the Code of Criminal Procedure Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code Criminal Procedure Act 460, section 460 Code Criminal Procedure Act, section 460 of the Code of Criminal Procedure Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 460 of the Code of Criminal Procedure Act, and has it changed?

Its own text turns on section 94 (Search of place suspected to contain stolen property, forged documents, etc), section 155 (Information as to non-cognizable cases and investigation of such cases), section 176 (Inquiry by Magistrate into cause of death), section 187 (Power to issue summons or warrant for offence committed beyond local jurisdiction), and on 6 further provisions, so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.

When was the Code of Criminal Procedure Act enacted?

Code of Criminal Procedure Act was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/aedad03b-d75d-4ad4-8833-2e467cc050cc.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/aa576da2-2e5f-4165-923b-39fc1a0f416b/content). This page is not a substitute for legal advice.