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Section461
The Code of Criminal Procedure Act

Irregularities which vitiate proceedings

Repealed Act 2 of 1974 As on 18 Oct 2026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

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 461 of the Code of Criminal Procedure Act deals with 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;

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 things 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; India Cthings de (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.

Section 461, 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. 83 Attachment of property of person absconding
  2. s. 133 Conditional order for removal of nuisance
  3. s. 143 Magistrate may prohibit repetition or continuance of public nuisance
  4. s. 190 Cognizance of offences by Magistrates
  5. s. 325 Procedure when Magistrate cannot pass sentence sufficiently severe
  6. s. 397 Calling for records to exercise powers of revision
  7. s. 446 Procedure when bond has been forfeited

Questions about Section 461

What does Section 461 of the Code of Criminal Procedure Act deal with?

Section 461 of the Code of Criminal Procedure Act is headed "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;

How do I find court cases under Section 461 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 461, section 461 Code Criminal Procedure Act, section 461 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 461 of the Code of Criminal Procedure Act, and has it changed?

Its own text turns on section 83 (Attachment of property of person absconding), section 133 (Conditional order for removal of nuisance), section 143 (Magistrate may prohibit repetition or continuance of public nuisance), section 190 (Cognizance of offences by Magistrates), and on 3 further provisions, so none of them can safely be read on its own.

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.