Which of the following irregularities of a Magistrate not empowered by law to do so, does not vitiate the proceedings:
Verified Answer
A. calling of record to exercise powers of revision under Section 397 of Code of Criminal Procedure
B. taking cognizance of an offence under clause (a) or clause (b) of sub-section (1) of Section 190 of Code of Criminal Procedure
C. decision of an appeal
D. revision of an order passed under section 466 of Code of Criminal Procedure
Explanation:
Section 460 of the CrPC lists irregularities that do not vitiate proceedings. Specifically, Section 460(e) states that if a Magistrate not empowered by law in this behalf takes cognizance of an offence under clause (a) or clause (b) of sub-section (1) of Section 190, the proceedings shall not be set aside merely on the ground of his not being so empowered. The other options are irregularities that would vitiate proceedings under Section 461.