Irregular Proceedings:

The legal provisions regarding Irregular Proceedings are embodied in

Chapter XXXV under section 460-466 of the Cr.P.C. Section 460 CrPC deals
with curable irregularities and section 461 CrPC deals with incurable
irregularities.

Irregularities which do not vitiate proceedings (Sec. 460):

Section 460 provides for legal provisions dealing with irregularities which do
not vitiate proceedings. It cures nine kinds of irregularities, if only when they
are done in good faith.

Conditions for applicability of Section 460: Irregularities that do not vitiate

(impair) proceedings mentioned in this section can be corrected if the
following conditions are met:
1. The Magistrate is not empowered by the law to pass such orders.
2. The Magistrate has passed such an order erroneously in good faith.

Following are the nine irregularities which can be corrected and not
dismissed because they were not authorized:
1. Issuing a search warrant under S. 94;
2. Ordering the Police to investigate an offence under S. 155;
3. Holding an inquest under S. 176;
4. Issuing process under S. 187, for the apprehension of a person within his
jurisdiction, for his having committed an offence outside the limits of
such jurisdiction;
5. Taking cognizance of an offence under S. 190(1) (a) or S. 190(1) (b);
6. Making over a case under S. 192(2);
7. Tendering a pardon under S. 306;
8. Recalling a case and trying it himself under S. 410;
9. Selling property under S. 458 or S. 459.
P.C. Mishra vs State (C.B.I) & anr., AIR 2014, it was held that even if the
Magistrate was not empowered by law to tender a pardon and the order
was passed in good faith, then such an order is protected under Section
460 Cr.P.C.

Lalit Chandra Chowdhury vs Emperor, 1911 39 Cal. 119, the Calcutta High
Court has held that apart from the requirement of good faith (which is
expressly specified in the section), there is also an implied requirement
that such irregularity should not occasion a failure of justice.

In Akbaruddin Owaisi v. The Govt. of A.P & Others (2013) W.P No. 824 of
2013, it was observed that according to Section 187, if the Court with
jurisdiction has not taken cognizance of the matter and the offence is
brought to the attention of a Magistrate who is not competent to try it,
the latter may refer it to the competent Magistrate.
Irregularities which vitiate proceedings (Sec. 461): Section 461 CrPC lists 17 kinds
of irregularities, which if committed by any Magistrate, would result in
vitiating the proceedings. No question of good faith arises here. To put it
another way, these are illegalities which vitiate the proceedings. Legally, such
proceedings have no existence.

If the magistrate not having the power to do any of the following things,
namely,
1. attaches and sells property under section 83;
2. issues a search- warrant for a document, parcel or other thing in the
custody of a postal or telegraph authority;
3. demands security to keep the peace;
4. demands security for good behaviour;
5. discharges a person lawfully bound to be of good behaviour;
6. cancels a bond to keep the peace;
7. makes an order for maintenance;
9. makes an order under section 133 as to a local nuisance;
10. prohibits, under section 143, the repetition or continuance of a public
nuisance;
11. makes an order under Part C or Part D of Chapter X;
12. takes cognizance of an offence under clause (c) of sub- section (1) of
section 190 tries an offender;
13. tries an offender summarily;
14. passes a sentence, under section 325, on proceedings recorded by another
Magistrate;
15. decides an appeal;
16. calls, under section 397, for proceedings;
17. or revises an order passed under section 446, his proceedings shall be
void.

Govind Ram vs. State of Rajasthan, 1997(1) WLN 254, in cases of initial lack of
jurisdiction to the Magistrate no question of error or good faith arises..
…as such proceedings have no existence in the eye of law. It is not each
and every irregularity that goes to vitiate the trial of criminal case. It is
only that irregularity which has the character of illegality and which goes
to the root of the case and vitiates the trial.

Atma Ram v. State of Rajasthan, 2019 Hon’ble Supreme Court of India has
summarized the legal provisions relating to irregular proceedings as:
‘Chapter XXXV of the Code deals with “Irregular Proceedings”, and
Section 461 stipulates certain infringements or irregularities which vitiate
proceedings. Barring those mentioned in Section 461, the thrust of the
Chapter is that any infringement or irregularity would not vitiate the
proceedings unless, as a result of such infringement or irregularity, great
prejudice had occasioned to the accused.’ The courts’ prime duty is to evade
such circumstances through which the miscarriage of justice is caused. The
power given in Chapter XXXV should be used properly and with caution.