Which of the following irregularities of a Magistrate, not empowered by law to do so, vitiates the proceedings?
Verified Answer
A. To hold inquiry under Section 176 Code of Criminal Procedure
B. To make over a case under sub-Section (2) of Section 192 Code of Criminal Procedure
C. To take cognizance of an offence under clause (c) of sub-section (1) of Section 190 of the Code of Criminal Procedure
D. To tender pardon to accomplice under Section 306 of the Code of Criminal Procedure
Explanation:
As per Section 461 of the CrPC, if a Magistrate not empowered by law in this behalf takes cognizance of an offence under clause (c) of sub-section (1) of Section 190, the proceedings are vitiated. Similarly, tendering pardon under Section 306 by an unempowered magistrate also vitiates proceedings (Section 461(l)). However, taking cognizance under 190(1)(c) is a fundamental jurisdictional error. Options (1) and (2) are listed under Section 460 as irregularities that do not vitiate proceedings.