Irregularities which do not vitiate proceedings
Section 460 of the Code of Criminal Procedure, 1973 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; The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 460, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 506 Irregularities which do not vitiate proceedings Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
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, forgeddocuments, etc
- s. 155 Information as to non-cognizable cases and investigation of suchcases
- s. 176 Inquiry by Magistrate into cause of death
- s. 187 Power to issue summons or warrant for offence committed beyond localjurisdiction
- 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 Magistrates
- s. 458 Procedure where no claimant appears within six months
- s. 459 Power to sell perishable property
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State through CBI, Chennai v. V. Arul Kumar
Court's Decision & Legal Precedent
Judgement of Main Case order-27.pdf 2016-05-13 DATE VERIFIED. Sikri/Agrawal. Reportable. Crl A 499/2016. A Metropolitan Magistrate has power under CrPC 306 to tender pardon even in Prevention of Corruption Act cases before committal; PC Act 5 does not exclude 306; after committal only the 307 court can tender. Even if the magistrate was not empowered, CrPC 460(g) saves a bona fide tender. Map crpc 306 + BNSS 343 successor (near-identical 0.953) and crpc 460 + BNSS 506 successor (near-identical 1). Do not pad PC Act or crpc 307.
On this section: A bona fide tender of pardon by a Magistrate not empowered is an irregularity saved by CrPC 460(g) (V. Arul Kumar).
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Kaushik Chaterjee vs State of Haryana
Court's Decision & Legal Precedent
The question of territorial jurisdiction in criminal proceedings is a question of fact that must be established through evidence and cannot be decided at the transfer petition stage. The trial court, not the Supreme Court, is the appropriate forum to decide jurisdictional issues after evidence is led on the place of commission of the offence and other relevant factors enumerated in Sections 177 to 184 of the Code of Criminal Procedure. Therefore, transfer petitions seeking transfer on the ground of lack of territorial jurisdiction must be dismissed, leaving it open to the parties to raise and have the trial court decide the jurisdictional issue during the trial.
On this section: Lists 9 irregularities which, if done in good faith by the Magistrate, may not vitiate proceedings. Uses the word 'offence' in three places but never uses the word 'offender'.
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Ashok Seghal vs State
Court's Decision & Legal Precedent
A Magistrate First Class has concurrent jurisdiction with the Special Judge to tender pardon under Section 306 Cr.P.C. in cases arising under the Prevention of Corruption Act, 1988. The power to grant pardon is not exclusively vested in the Special Judge. When a Magistrate tenders pardon bonafide, even if erroneously without explicit jurisdiction, the proceedings are protected by Section 460(g) Cr.P.C. and cannot be set aside merely on the ground of lack of empowerment. The deeming clause in Section 5(2) of the Prevention of Corruption Act has limited purpose only for sub-sections 1 to 5 of Section 308 Cr.P.C. and does not exclude the Magistrate's concurrent power under Section 306 Cr.P.C.
On this section: Court held that Section 460(g) protects proceedings where a Magistrate not empowered by law to tender pardon erroneously in good faith does so. The pardon granted by Magistrate is protected under this section.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 460
What have the courts held on Section 460 of the Code of Criminal Procedure?
State through CBI, Chennai v. V. Arul Kumar (13 May 2016) is the leading judgment on this section among those set out below: A bona fide tender of pardon by a Magistrate not empowered is an irregularity saved by CrPC 460(g) (V. Arul Kumar). Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2012 to 2020.
How do I find court cases under Section 460 of the Code of Criminal Procedure?
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 460, section 460 CRPC, section 460 of the Code of Criminal Procedure. People searching for it also type 460 crpc in bnss and 460 cr pc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with State through CBI, Chennai v. V. Arul Kumar (13 May 2016).
What should I read with Section 460 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 94 (Search of place suspected to contain stolen property, forgeddocuments, etc), section 155 (Information as to non-cognizable cases and investigation of suchcases), section 176 (Inquiry by Magistrate into cause of death), section 187 (Power to issue summons or warrant for offence committed beyond localjurisdiction), 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. For anything done on or after 1 July 2024 the provision to read is BNSS 506 (Irregularities which do not vitiate proceedings), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 460 of the Code of Criminal Procedure come into force?
Section 460 of the Code of Criminal Procedure, cited as CRPC 460, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.