Internal Assessment

2022-23

Professor -

CrPC
Narayan Anandrao Kulkarni
Semester-III 3year L.L.B
Reg no : 3YRLLB6983
Irregular Proceedings

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 Irregular Proceedings

The Indian criminal law, which deals with matters relating to violation of prohibited social
conduct, strives to deliver justice by punishing the guilty and providing relief to the
aggrieved parties.
The purpose of criminal law is to defend and protect the interests of society among other
things. The criminal law is applied by criminal courts through statutes, decisions, and other
means, with the expectation that the courts will achieve a final resolution without any
irregularities.

However, there may be some instances where irregularities have been committed which may
be curable irregularity or incurable irregularity.

The provisions related to irregular proceedings are contained in Chapter XXXV CrPC, 1973
containing sections 460-466. Section 460 CrPC deals with curable irregularities and section
461 CrPC deals with incurable irregularities.
 Irregular Proceedings
SECTION 460 : Section 460 CrPC is referred to cure nine kinds of
irregularities provided they are caused erroneously and in good faith. A
further qualification is implied in this section that the irregularity should
not cause a failure of justice.
• Issuing 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.
SECTION 461: Section 461 CrPC lists 17 kinds of
irregularities, which if committed by any Magistrate, would
result in vitiating the proceedings. If the magistrate not having
the power to do any of the following things, namely ;
• attaches and sells property under section 83;
• issues a search- warrant for a document, parcel or other thing in the
custody of a postal or telegraph authority;
• demands security to keep the peace; demands security for good
behavior;
• discharges a person lawfully bound to be of good behavior;
• cancels a bond to keep the peace; makes an order for maintenance;
• Makes an order under Part C or Part D of Chapter X; takes
cognizance of an offence under clause (c) of sub- section (1) of
section 190 tries an offender;
• tries an offender summarily; passes a sentence, under section
325, on proceedings recorded by another Magistrate;
• decides an appeal; calls, under section 397, for proceedings; or
revises an order passed under section 446, his proceedings
shall be void.
 Conclusion

Irregular proceedings mean anything that vitiates the court’s
proceedings and ultimately doesn’t provide relief to the
aggrieved person, there are some sections which deal with the
legal provision of irregular proceedings, i.e. section 460-466
wherein consequences of irregular proceedings and in regular
proceedings are listed.
Some of the situations listed above in which an omission on a
procedural error was ruled to be irregularities did not vitiate the
trial and were appropriate under section 465 of the code since
they did not result in a failure of justice.

It also included some time failure to examine the

complainant on oath, omission to pronounce the
judgement before converting or sentencing the accused,
omission to stay on put date in the judgement at the time
of pronouncing it, adopting the procedure of warrant
case in case tribal as a summon case, omission of the
session judge talking about the cognizance of the case
and the wrong section but convention being ordered by
the competent court under Code section failure to record
any relevant fact of the magistrate, Section 310 of CrPC.
Thank you

Torts.