Irregular Proceedings MCQ Quiz - Objective Question with Answer for Irregular Proceedings - Download Free PDF

The correct answer is Option 3. 

Key Points

• Section 462 of the Criminal Procedure Code says, a finding, sentence, or order of any Criminal Court cannot be set aside solely because the proceedings took place in the wrong sessions division, district, sub-division, or local area. 
• The finding, sentence, or order can only be set aside if it appears that the error in conducting the proceedings has actually led to a failure of justice.
• This provision ensures that technical errors in the selection of the sessions division, district, or local area for conducting the proceedings do not automatically invalidate the finding, sentence, or order. The focus is on ensuring that justice is served rather than on procedural technicalities.

The correct answer is option 2Key Points

• Section 460 of Criminal Procedure code 1973 deals with Irregularities which do not vitiate proceedings.
• If any Magistrate not empowered by law to do any of the following things, namely:—
  • (a) To issue a search-warrant under section 94;
  • (b) To order, under section 155, the police to investigate an offence;
  • (c) To hold an inquest under section 176;
  • (d) To issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;
  • (e) To take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 190;
  • (f) To make over a case under sub-section (2) of section 192;
  • (g) To tender a pardon under section 306;
  • (h) To recall a case and try it himself under section 410; or
  • (i) To sell property under section 458 or section 459, Erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

The correct answer is option 3Key Points

• Section 461 of Criminal Procedure Code 1973 deals with 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 things 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.

The correct answer is Option 2.

Key Points Section 473 in The Code of Criminal Procedure, 1973

• Extension of period of limitation in certain cases.
  • ​Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

Additional InformationConditions:

• When the court is satisfied with the facts and circumstances of the case that complainant was prevented by sufficient cause from not appearing before the Court within the prescribed period of limitation.
• The cause of the delay is properly explained and the court is satisfied with it.
• The court is of the opinion that it is necessary to extend the period in the interest of justice.

The same provision is also explained in the Limitation Act.
Section 5: Extension of the period in Certain Cases

• Even in the civil case, the court has a discretionary power to extend the period of limitation when the court is satisfied that there was sufficient cause for not appearing within the prescribed period or that the cause of the reason was sufficiently explained or that it is necessary to do in the interest of justice.

In the case of Srinivas Pal vs Union Territory of Arunachal Pradesh SC 1729, the Court held that:

• “It is not mandatory to determine whether the extension of the period of limitation under Section 473 must precede of taking the cognizance of the offence”

The correct answer is option 2.

Key Points

•  Section 461 of Crpc provides for 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 things 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;

​ Additional Information

• Section 460 provides Irregularities which do not vitiate proceedings

The correct answer is option 2Key Points

• Section 460 of Criminal Procedure code 1973 deals with Irregularities which do not vitiate proceedings.
• If any Magistrate not empowered by law to do any of the following things, namely:—
  • (a) To issue a search-warrant under section 94;
  • (b) To order, under section 155, the police to investigate an offence;
  • (c) To hold an inquest under section 176;
  • (d) To issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;
  • (e) To take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 190;
  • (f) To make over a case under sub-section (2) of section 192;
  • (g) To tender a pardon under section 306;
  • (h) To recall a case and try it himself under section 410; or
  • (i) To sell property under section 458 or section 459, Erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

The correct answer is option 3Key Points

• Section 461 of Criminal Procedure Code 1973 deals with 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 things 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.

The correct answer is Option 2.

Key Points Section 473 in The Code of Criminal Procedure, 1973

• Extension of period of limitation in certain cases.
  • ​Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

Additional InformationConditions:

• When the court is satisfied with the facts and circumstances of the case that complainant was prevented by sufficient cause from not appearing before the Court within the prescribed period of limitation.
• The cause of the delay is properly explained and the court is satisfied with it.
• The court is of the opinion that it is necessary to extend the period in the interest of justice.

The same provision is also explained in the Limitation Act.
Section 5: Extension of the period in Certain Cases

• Even in the civil case, the court has a discretionary power to extend the period of limitation when the court is satisfied that there was sufficient cause for not appearing within the prescribed period or that the cause of the reason was sufficiently explained or that it is necessary to do in the interest of justice.

In the case of Srinivas Pal vs Union Territory of Arunachal Pradesh SC 1729, the Court held that:

• “It is not mandatory to determine whether the extension of the period of limitation under Section 473 must precede of taking the cognizance of the offence”

The correct answer is Option 3. 

Key Points

• Section 462 of the Criminal Procedure Code says, a finding, sentence, or order of any Criminal Court cannot be set aside solely because the proceedings took place in the wrong sessions division, district, sub-division, or local area. 
• The finding, sentence, or order can only be set aside if it appears that the error in conducting the proceedings has actually led to a failure of justice.
• This provision ensures that technical errors in the selection of the sessions division, district, or local area for conducting the proceedings do not automatically invalidate the finding, sentence, or order. The focus is on ensuring that justice is served rather than on procedural technicalities.

The correct answer is option 2.Key Points

• Chapter 35 under Cr.P.C. 1973 deals with Irregular Proceedings.
• Section 460 under Cr.P.C. 1973 deals with Irregularities which do not vitiate proceedings.
• If any Magistrate not empowered by law to do any of the following things, namely:—
  • To issue a search-warrant under section 94;
  • To order, under section 155, the police to investigate an offence;
  • To hold an inquest under section 176;
  • To issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;
  • To take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 190;
  • To make over a case under sub-section (2) of section 192;
  • To tender a pardon under section 306;
  • To recall a case and try it himself under section 410; or
  • To sell property under section 458 or section 459,
  • Erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

The correct answer is Section 461

Key PointsSection 461 of the Criminal Procedure Code (CrPC) addresses circumstances under which certain procedural irregularities render proceedings invalid.

According to this provision, if a Magistrate, who lacks the legal authority to do so, undertakes any of the following actions, the proceedings will be deemed null and void:

• Attaching and selling property as per section 83;
• Issuing a search warrant for documents or items in the possession of postal or telegraph authorities;
• Requiring someone to provide a security deposit to ensure peace;
• Requiring someone to provide a security deposit for good behavior;
•  Discharging an individual who is legally obliged to behave properly;
• Canceling a bond that was intended to maintain peace;
• Issuing an order for maintenance;
•  Issuing an order under section 133 concerning a local nuisance;
• Prohibiting the repetition or continuation of a public nuisance under section 143;
• Issuing an order as specified in Part C or Part D of Chapter X;
• Taking cognizance of an offence as per clause (c) of subsection (1) of section 190;
• Putting an offender on trial;
• Conducting a summary trial of an offender;
•  Passing a sentence under section 325 based on proceedings recorded by another Magistrate;
• Deciding an appeal;
• Calling for proceedings under section 397; or
• Revising an order issued under section 446.

The correct answer is option 2Key Points

• Section 460 of Criminal Procedure code 1973 deals with Irregularities which do not vitiate proceedings.
• If any Magistrate not empowered by law to do any of the following things, namely:—
  • (a) To issue a search-warrant under section 94;
  • (b) To order, under section 155, the police to investigate an offence;
  • (c) To hold an inquest under section 176;
  • (d) To issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;
  • (e) To take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 190;
  • (f) To make over a case under sub-section (2) of section 192;
  • (g) To tender a pardon under section 306;
  • (h) To recall a case and try it himself under section 410; or
  • (i) To sell property under section 458 or section 459, Erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

The correct answer is option 3Key Points

• Section 461 of Criminal Procedure Code 1973 deals with 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 things 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.

The correct answer is Option 2.

Key Points Section 473 in The Code of Criminal Procedure, 1973

• Extension of period of limitation in certain cases.
  • ​Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

Additional InformationConditions:

• When the court is satisfied with the facts and circumstances of the case that complainant was prevented by sufficient cause from not appearing before the Court within the prescribed period of limitation.
• The cause of the delay is properly explained and the court is satisfied with it.
• The court is of the opinion that it is necessary to extend the period in the interest of justice.

The same provision is also explained in the Limitation Act.
Section 5: Extension of the period in Certain Cases

• Even in the civil case, the court has a discretionary power to extend the period of limitation when the court is satisfied that there was sufficient cause for not appearing within the prescribed period or that the cause of the reason was sufficiently explained or that it is necessary to do in the interest of justice.

In the case of Srinivas Pal vs Union Territory of Arunachal Pradesh SC 1729, the Court held that:

• “It is not mandatory to determine whether the extension of the period of limitation under Section 473 must precede of taking the cognizance of the offence”

The correct answer is option 2.

Key Points

•  Section 461 of Crpc provides for 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 things 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;

​ Additional Information

• Section 460 provides Irregularities which do not vitiate proceedings