CrPC Section 461 is now BNSS 507: Irregularities which vitiate proceedings
Code of Criminal Procedure, 1973 · applies to offences and proceedings before 1 July 2024
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: The words "or telegraph" are excluded.
Printed in both official correspondence tables (BPR&D and NCRB).
CrPC 461: Irregularities which vitiate proceedings
Before 1 July 2024
If 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 things 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 (c) 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.
BNSS 507: Irregularities which vitiate proceedings
From 1 July 2024
If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely:—
(a) attaches and sells property under section 85;
(b) issues a search-warrant for a document, parcel or other things in the custody of a postal 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 152 as to a local nuisance;
(i) prohibits, under section 162, the repetition or continuance of a public nuisance;
(j) makes an order under Part C or Part D of Chapter XI;
(k) takes cognizance of an offence under clause (c) of sub-section (1) of section 210;
(l) tries an offender;
(m) tries an offender summarily;
(n) passes a sentence, under section 364, on proceedings recorded by another Magistrate;
(o) decides an appeal;
(p) calls, under section 438, for proceedings; or
(q) revises an order passed under section 491, his proceedings shall be void.
Which one applies
Procedure follows the proceeding. Under section 531(2)(a) of the BNSS, an appeal, application, trial, inquiry or investigation already pending on 1 July 2024 continues under the CrPC; one begun on or after that date proceeds under the BNSS.
Read BNSS section 531 →Judgments decided under CrPC 461
They remain the law on CrPC 461. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the Code of Criminal Procedure, 1973, Bureau of Police Research & Development, Ministry of Home Affairs, page 37.
- Bharatiya Nagarik Suraksha Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 44.
- The Code of Criminal Procedure, 1973 (Act 2 of 1974), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.