Irregularities which vitiate proceedings
AI Assist
Summary
If a Magistrate acts without the legal power to do certain listed judicial acts—for example attaching and selling property, issuing a search warrant for postal or telegraph custody, demanding security, trying or sentencing an offender, or calling for or revising proceedings—the actions taken are void. Any order, trial or proceeding done by such an unauthorized Magistrate has no legal effect.
Example
Rohan complains about a local shop's noisy generator and an unauthorized Magistrate issues an order under the nuisance provisions. Because that Magistrate had no power to make such an order, the order is void and cannot be enforced.
Bare Act
Enacted textIf 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 thing 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 © 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.
Previous year papers
Pick your exam. we'll email the most recent paper.