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    CRPC Sem-III Nak

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    Narayan Kulkarni
    This document discusses irregular proceedings under the Code of Criminal Procedure (CrPC). It summarizes sections 460-461 which deal with curable and incurable irregularities. Section 460 lists 9 types of procedural errors that can be cured if done erroneously and in good faith, as long as they do not cause a failure of justice. Section 461 lists 17 types of irregularities that would invalidate proceedings if committed by a magistrate without proper authority. The conclusion notes that some procedural omissions may be considered irregularities under section 465 but not invalidate a trial if they did not result in a failure of justice.

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    CRPC Sem-III Nak

    Uploaded by

    Narayan Kulkarni
    16 views6 pages
    This document discusses irregular proceedings under the Code of Criminal Procedure (CrPC). It summarizes sections 460-461 which deal with curable and incurable irregularities. Section 460 lists 9 types of procedural errors that can be cured if done erroneously and in good faith, as long as they do not cause a failure of justice. Section 461 lists 17 types of irregularities that would invalidate proceedings if committed by a magistrate without proper authority. The conclusion notes that some procedural omissions may be considered irregularities under section 465 but not invalidate a trial if they did not result in a failure of justice.

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    Crpc Sem-III Nak

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    This document discusses irregular proceedings under the Code of Criminal Procedure (CrPC). It summarizes sections 460-461 which deal with curable and incurable irregularities. Section 460 lists 9 types of procedural errors that can be cured if done erroneously and in good faith, as long as they do not cause a failure of justice. Section 461 lists 17 types of irregularities that would invalidate proceedings if committed by a magistrate without proper authority. The conclusion notes that some procedural omissions may be considered irregularities under section 465 but not invalidate a trial if they did not result in a failure of justice.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    16 views6 pages

    CRPC Sem-III Nak

    Uploaded by

    Narayan Kulkarni
    This document discusses irregular proceedings under the Code of Criminal Procedure (CrPC). It summarizes sections 460-461 which deal with curable and incurable irregularities. Section 460 lists 9 types of procedural errors that can be cured if done erroneously and in good faith, as long as they do not cause a failure of justice. Section 461 lists 17 types of irregularities that would invalidate proceedings if committed by a magistrate without proper authority. The conclusion notes that some procedural omissions may be considered irregularities under section 465 but not invalidate a trial if they did not result in a failure of justice.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 6

    Internal Assessment

    2022-23

    Professor -

    CrPC
    Narayan Anandrao Kulkarni
    Semester-III 3year L.L.B
    Reg no : 3YRLLB6983
    Irregular Proceedings

    .
    Irregular Proceedings

    The Indian criminal law, which deals with matters relating to violation of prohibited social
    conduct, strives to deliver justice by punishing the guilty and providing relief to the
    aggrieved parties.
    The purpose of criminal law is to defend and protect the interests of society among other
    things. The criminal law is applied by criminal courts through statutes, decisions, and other
    means, with the expectation that the courts will achieve a final resolution without any
    irregularities.

    However, there may be some instances where irregularities have been committed which may
    be curable irregularity or incurable irregularity.

    The provisions related to irregular proceedings are contained in Chapter XXXV CrPC, 1973
    containing sections 460-466. Section 460 CrPC deals with curable irregularities and section
    461 CrPC deals with incurable irregularities.
    Irregular Proceedings

    SECTION 460 : Section 460 CrPC is referred to cure nine kinds of


    SECTION 461: Section 461 CrPC lists 17 kinds of
    irregularities provided they are caused erroneously and in good faith. A
    further qualification is implied in this section that the irregularity should
    irregularities, which if committed by any Magistrate, would
    not cause a failure of justice. result in vitiating the proceedings. If the magistrate not having
    the power to do any of the following things, namely ;
    • Issuing a search- warrant under section 94; • attaches and sells property under section 83;
    • To order, under section 155, the police to investigate an offence; • issues a search- warrant for a document, parcel or other thing in the
    • To hold an inquest under section 176; custody of a postal or telegraph authority;
    • To issue process under section 187, for the apprehension of a person • demands security to keep the peace; demands security for good
    within his local jurisdiction who has committed an offence outside the behavior;
    limits of such jurisdiction; • discharges a person lawfully bound to be of good behavior;
    • To take cognizance of an offence under clause (a) or clause (b) of sub- • cancels a bond to keep the peace; makes an order for maintenance;
    section (1) of section 190;

    • To make over a case under sub- section (2) of section 192; • Makes an order under Part C or Part D of Chapter X; takes
    • To tender a pardon under section 306; to recall a case and try it cognizance of an offence under clause (c) of sub- section (1) of
    himself under section 410; or section 190 tries an offender;
    • tries an offender summarily; passes a sentence, under section
    • To sell property under section 458 or section 459, erroneously in
    325, on proceedings recorded by another Magistrate;
    good faith does that thing, his proceedings shall not be set aside
    • decides an appeal; calls, under section 397, for proceedings; or
    merely on the ground of his not being so empowered.
    revises an order passed under section 446, his proceedings
    shall be void.
    Conclusion

    Irregular proceedings mean anything that vitiates the court’s Some of the situations listed above in which an omission on a
    proceedings and ultimately doesn’t provide relief to the procedural error was ruled to be irregularities did not vitiate the
    aggrieved person, there are some sections which deal with the trial and were appropriate under section 465 of the code since
    legal provision of irregular proceedings, i.e. section 460-466 they did not result in a failure of justice.
    wherein consequences of irregular proceedings and in regular
    proceedings are listed.

    It also included some time failure to examine the


    complainant on oath, omission to pronounce the
    judgement before converting or sentencing the accused,
    omission to stay on put date in the judgement at the time
    of pronouncing it, adopting the procedure of warrant
    case in case tribal as a summon case, omission of the
    session judge talking about the cognizance of the case
    and the wrong section but convention being ordered by
    the competent court under Code section failure to record
    any relevant fact of the magistrate, Section 310 of CrPC.
    Thank you

    Torts.

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