Irregularities which vitiate proceedings
AI Assist
Summary
If a Magistrate acts without legal authority to do any of the specified judicial acts (for example attaching and selling property, issuing a postal search-warrant, ordering maintenance, trying an offender, deciding an appeal, or revising an order), the Magistrate’s action and the proceedings under it are void. The rule kicks in only when the Magistrate was not empowered by law to take that step.
Example
Priya files an FIR and the magistrate, without authority to do so, issues a search-warrant for a letter held by the postal authorities. Because the magistrate lacked power the warrant and any resulting seizure are void and cannot be relied on.
Bare Act
Enacted textIf any Magistrate, not being empowered by law in this behalf, does any of the following things, namely:-
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(a) attaches and sells property under section 85;
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(b) issues a search-warrant for a document, parcel or other things in the custody of a postal authority;
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(c) demands security to keep the peace;
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(d) demands security for good behaviour;
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(e) discharges a person lawfully bound to be of good behaviour;
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(f) cancels a bond to keep the peace;
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(g) makes an order for maintenance;
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(h) makes an order under section 152 as to a local nuisance;
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(i) prohibits, under section 162, the repetition or continuance of a public nuisance;
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(j) makes an order under Part C or Part D of Chapter XI;
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(k) takes cognizance of an offence under clause (c) of sub-section (1) of section 210;
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(l) tries an offender;
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(m) tries an offender summarily;
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(n) passes a sentence, under section 364, on proceedings recorded by another Magistrate;
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(o) decides an appeal;
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(p) calls, under section 438, for proceedings; or
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(q) revises an order passed under section 491, his proceedings shall be void.
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