Irregularities which do not vitiate proceedings
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Summary
When a Magistrate without legal authority, by an honest mistake, does acts like issuing a search warrant, ordering police to investigate, holding an inquest, issuing process outside his local jurisdiction, tendering a pardon, recalling and trying a case, or selling property, the proceedings will not be set aside merely for that lack of power. The protection applies only to acts done in good faith; deliberate misconduct or other legal defects can still be challenged.
Example
Priya, a Magistrate in a small town, mistakenly issued a search warrant believing she had power and the police searched a shop and seized goods. Because she acted in good faith, the search and the subsequent proceedings will not be set aside solely for her lack of legal authority.
Bare Act
Enacted textIf any Magistrate not empowered by law to do any of the following things, namely:-
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(a) to issue a search-warrant under section 97;
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(b) to order, under section 174, the police to investigate an offence;
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(c) to hold an inquest under section 196;
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(d) to issue process under section 207, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;
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(e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 210;
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(f) to make over a case under sub-section (2) of section 212;
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(g) to tender a pardon under section 343;
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(h) to recall a case and try it himself under section 450; or
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(i) to sell property under section 504 or section 505, erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.
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