Introduction
First, understand the meaning of proceedings, It means to be a course of action or a series of actions that take place in a planned and control Manner. Definition of preceding in legal terms an activity that seeks to invoke the power of Tribunal to enforce the law and acquire a beneficial interest right or to enforce a remedy.
According to the dictionary meaning in regular means something which is not even or is not in shapes the under the criminal law it aims to deliver Justice by punishing the guilty and provide remedies to the aggrieved person in implemented by the court and they are expected to reach the final decision or conclusion without any irregularities but any situation arise in the court when irregularities are committed which can either be curable or incurable.
The Criminal Court Crpc and numerous several provisions under 7 sections-
Section 468 which deal with irregularities which do not vitiate proceeding, Section 461 irregularities which vitiate proceedings, Section 462 proceeding in the wrong place, Section 463 non-compliance with a provision of section 164 of section 281, Section 464 effect of omission to frame or absence of or error in the charge, Section 465 handle the sentence when reversible because of error or omission or irregularity, Section 466 defect Hector error not to make attachment and lawful in this article we will discuss in detail all these sections which based on a regular proceedings state the consequence of it.
Section 461 of Crpc deal with irregularities which vitiate process reading-
If any magistrate not been empowered by law on this behalf does any of the following things should be done namely attach and sell property under section 83 issue a search warrant for documents like a parcel or other things in the custody of a poster or Telegraph authority, Demand security to keep the peace, Demand security for good behaviour, Discharge a person lawfully bound to be of good behaviour, Cancel a bond to keep the peace, Make an order for maintenance make an order under section 133 as to a local nuisance prohibited under section 143 the petition on the continuance of public nuisance make an order under part C or part D of chapter X, Take cognizance of an offense under Class C of subsection 1 of section 190, Trice and offender try summarily. passes a sentence and that section 325 on proceeding recorded by another magistrate decide and appeal called under section 397 for proceedings or lastly revise and order passed under section 446 is proceeding shall be void.
Under Crpc Section 460 Irregularities, which do not vitiate proceedings?
If the magistrate does not have the power to do any of the following things, namely, To issue a search-warrant under section 9, To order, under section 155, the police to investigate an offense, To hold an inquest under section 176, To issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offense outside the limits of such jurisdiction, To take cognizance of an offense under clause (a) or clause (b) of sub-section (1) of section 190, To make over a case under sub-section (2) of section 192, To tender a pardon under section 306, To recall a case and try it himself under section 410, To sell property under section 458, along with that section 459, which state that good faith does that thing; his proceedings shall not be set aside merely on the ground of his not being so empowered.
In the case of Anna reddy sambasiva Reddy and others vs State of Andhra Pradesh[1]
In this case, Supreme Court explained the applicability of section 464 observed that finding a sentence of the court shall not be set aside value on the ground that the charge was not paid on that same was perfected unless it has occasioned in prejudice.
Section 463 of CrPC deal with the Proceeding in the wrong place -If there was no finding sentence or order of any criminal shall be set aside mainly on the ground that the enquiry trial or other proceeding in course of which it was arrived at a fast to place in wrong section division district subdivision or other local unless it appeared that such an error has occurred and there was a failure of justice. Under section 463 deal with the non-compliance with a provision of section 164 of section 281 of Crpc-
It says that if any code before which a confession or other statement of an accused person recorded or purporting to be recorded under section 164 section 281 is standard and has been received it was become evidence and find that any of the provision of either of satisfaction that has not been compared with the magistrate recording the statement also the Indian Evidence Act 1872 take evidence in regard to such non-compliance and made if satisfied that such non-compliance has not injured the accused in his evidence on the magic also the provisions of section apply to a court of appeal reference and revisions.
In any case of Naseeruddin Khan versus the state of Bihar[2], the court held that the offense of desertion was committed at the place where the Act was not enforced and therefore the appellant did not constitute an offense.
Section 464 effect of omission do frame on the absence of or error in charge-
This section state that no finding sentence or order by a court of competent jurisdiction shall be deemed invalid mainly on the ground at no charge was framed or on the ground of any error if Court of appeal confirmation or revision if the opinion that the failure of justice has in fact being occasion and in case and automation in regularity in the charges direct a new trial to be had a point charge name in whatever manner it thinks it provided that if Court is opinion that the facts of the case as such that no valid charge could be preferred again the accused in respect of the facts proved it shall effect the conviction.
Section 465 deal with the finding of the sentence when reversible by reason of error omission or irregularity in determining whether the error or omission or irregular proceedings under the court or any error Charity in any sanction of the prosecution has ok agent a failure of justice The court shall have regard to the fact that they’d objection could and should have been rice at an earlier stage in the preceding at the last section 466 which deal with the defect or error not to make attachment unlawful it clearly states that no attachment made Under The court shall be deemed unlawful or not sell any person making the same to be deemed a trespasser on account of any defect or want form in the summons convention, writ of attachment or other processing relating thereto.
In the case of L.C Nagaraja V. state of CBI[3] The court held that the principle of double jeopardy is not applicable since both the FIR at the investigation state and some is monitored by the Honourable division bench of the court in the writ petition in the light of the contention which are taken by the learned counsel for the British and has no 4 and it was detected.
The Effect/Consequences of irregular proceedings
Any omission irregularities in the framing of charges may cause prejudice of the accused if however in such a case a conviction can be quashed if the court is of the opinion that the facts of the case as such that no Valley charge called be preferred against the accused in respect of the fact prove Govind Ram vs State of Rajasthan[4], In this case of initial lack of Jurisdiction do magistrate no question of error or good faith arise as such proceeding have no existence in the eye of law. It is not each and every irregularity that go to vitiate the trial of criminal case. It is only the irregularities which have a character of a regulatory and which go to the root of the case and vitiate the trial such an instance are mentioned in section 461 of the Code.
Conclusion
Irregular proceedings means something which is not even or is not in shape and their criminal law that aims to deliver Justice by pushing the guilty and by providing a remedy to de victim and under Crpc there were some sections which deal with the legal provision of irregular processings section 460-466 there were consequences and in regular processing. There were some cases discussed above in which an omission on an error in the procedure of trial was held to be made irregularities did not vitiate the trial and were suitable under section 465 the code as it did not cause the failure of justice.
It also included some time failure to examine the complainant on oath, Omission to pronounce the judgment before converting or sentencing the accused, Omission to stay on put date in the judgment at the time of pronouncing it, Adopting the procedure of warrant case in case tribal as a summon case, Omission of session judge talking about the cognizance of the case and the wrong section but convention being ordered by the competent court under Code section failure to record any relevant fact of the by the magistrate, Section 310 of CrPC this again are only some of the examples there being many more which can be cured under section sections of irregular proceedings provide no prejudice thereby to the accused person.
[1] In the case of Anna reddy sambasiva Reddy and others vs State of Andhra Pradesh
[2] In any case of Naseeruddin Khan versus the state of Bihar
[3] In the case of L.C Nagaraja V. state of CBI
[4] proofGovind Ram vs State of Rajasthan
This Article is Authored by Pooja Kriplani, 4th Year BBA LLB (H) Student at Amity University Rajasthan.
