Section 461 of CrPC : Section 461: Irregularities Which Vitiate Proceedings

CrPC

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Explanation using Example

Imagine a scenario where a Junior Civil Judge, who is not authorized by law to handle criminal matters, issues a search warrant for a package believed to contain illegal substances, which is in the custody of a postal authority. This action falls under item 2 of the list provided in Section 461 of The Code of Criminal Procedure, 1973. Since the Junior Civil Judge is not empowered to issue such a warrant, any proceedings based on this search warrant would be considered void. If the error is discovered, the search warrant would be invalidated, and any evidence obtained as a result of this warrant could potentially be excluded from any criminal trial that follows.

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