Question

Which of the following irregularity of the Magistrate is curable and does not result in proceedings being set aside merely on the ground of such irregularity ?

• A. if he tenders pardon under Section 306 Criminal Procedure Code
• B. if he demands security for good behavior
• C. if he cancels a bond to keep peace
• D. if he attaches and sells property under Criminal Procedure Code

Answer 1

The Correct Option is A

In legal proceedings, some irregularities committed by a Magistrate can be cured without the proceedings being annulled solely because of such irregularities. One of these curable irregularities pertains to when the Magistrate tenders a pardon under Section 306 of the Criminal Procedure Code (CrPC).

According to Section 306 CrPC, the Magistrate has the authority to grant a pardon to an accomplice in exchange for their testimony in a case. This action, even if performed irregularly, does not invalidate the proceedings. It is considered a procedural issue rather than a substantive one.

Therefore, amongst the given options:

• If the Magistrate tenders a pardon under Section 306 CrPC, this irregularity is curable and does not lead to the proceedings being set aside merely due to its occurrence.