Section 461 in The Code of Criminal Procedure, 1973
461. 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;(b)issues a search-warrant for a document, parcel or other thing 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;(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.
