Irregularities which do not vitiate proceedings
Section 460 of Crpc 1973 deals with irregularities which do not vitiate proceedings. If any Magistrate not empowered by law to do any of the following things, namely :- 1.
If any Magistrate not empowered by law to do any of the following things, namely :- 1. Subs. by Act 25 of 2005, s. 41, for "less than ten rupees" (w.e.f. 23-6-2006).
(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.
Section 460, Crpc 1973 (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
- s. 94 Search of place suspected to contain stolen property, forged documents, etc
- s. 155 Information as to non-cognizable cases and investigation of such cases
- s. 176 Inquiry by Magistrate into cause of death
- s. 187 Power to issue summons or warrant for offence committed beyond local jurisdiction
- s. 190 Cognizance of offences by Magistrates
- s. 192 Making over of cases to Magistrates
- s. 306 Tender of pardon to accomplice
- s. 410 Withdrawal of cases by Judicial Magistrate
- s. 458 Procedure where no claimant appears within six months
- s. 459 Power to sell perishable property
Referred to by 1
Questions about Section 460
What does Section 460 of the Crpc 1973 deal with?
Section 460 of the Crpc 1973 is headed "Irregularities which do not vitiate proceedings". If any Magistrate not empowered by law to do any of the following things, namely :- 1.
How do I find court cases under Section 460 of the Crpc 1973?
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: CRPC 1973 460, section 460 CRPC 1973, section 460 of the Crpc 1973. 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 Crpc 1973, 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 Crpc 1973 enacted?
Crpc 1973 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
- 484. Repeal and savings27268 words
- 167. Procedure when investigation cannot be completed in twenty-four hours3284 words
- 357. Order to pay compensation1662 words
- 320. Compounding of offences1525 words
- 23. Subordination of Executive Magistrates1427 words
- 197. Prosecution of Judges and public servants1384 words
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/d6704d19-8614-4131-9317-7b9b9809d0c5.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/e65f6054-803f-42a5-9f41-bd7fbeabcb51/content). This page is not a substitute for legal advice.