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:
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.
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.
Section 462 deals with proceedings in the wrong place.
Section 468 deals with the limitation period for taking cognizance of certain offences.
Therefore, Section 461 is the correct answer.