Question

Which one of the following sections of CrPC deals with irregularities which vitiate proceeding?

• A. Section 460
• B. Section 461
• C. Section 462
• D. Section 468

Hint:

Remember the pair: Section 460 of CrPC lists irregularities that are 'curable' (do not vitiate), while Section 461 lists irregularities that are 'fatal' (vitiate the proceedings).

Answer 1

The Correct Option is B

The Code of Criminal Procedure, 1973 (CrPC) deals with the effect of irregularities in proceedings in several sections: \[\begin{array}{rl} \bullet & \text{Section 460 (Irregularities which do not vitiate proceedings): This section lists certain procedural errors that are considered minor and do not render the entire proceeding void.} \\ \bullet & \text{Section 461 (Irregularities which vitiate proceedings): This section lists more serious procedural errors that are considered fundamental defects. If a Magistrate not empowered by law does any of the things listed in this section (e.g., attaches and sells property, tries an offender), the proceedings are void.} \\ \bullet & \text{Section 462 deals with proceedings in the wrong place.} \\ \bullet & \text{Section 468 deals with the limitation period for taking cognizance of certain offences.} \\ \end{array}\] Therefore, Section 461 is the correct answer.