When will proceedings be vitiated if the Magistrate is not empowered to do so?
Verified Answer
A. To issue a search warrant under Section 94 of Cr.P.C.
B. To hold on inquest under Section 176 of Cr.P.C.
C. Tries an offender summarily
D. To tender a pardon under Section 306 of Cr.P.C.
Explanation:
Section 461 of the CrPC lists irregularities which vitiate proceedings. Among them, if a Magistrate, not being empowered by law, tries an offender summarily (Section 461(l)), the proceedings are vitiated. Other actions listed in options A, B, and D, if done by a Magistrate not empowered, do not vitiate proceedings if done in good faith (Section 460).