The proceedings before a criminal court are vitiated if the presiding magistrate who is not empowered…
Sections 506 and 507 of the BNSS (formerly sections 460 and 461 CrPC) separate irregularities that do not vitiate proceedings from those that do. Under section 506, a…
Choose your answer
The proceedings before a criminal court are vitiated if the presiding magistrate who is not empowered by law to do so:
Answer and explanation
Correct answer C
Sections 506 and 507 of the BNSS (formerly sections 460 and 461 CrPC) separate irregularities that do not vitiate proceedings from those that do. Under section 506, a Magistrate not empowered who erroneously but in good faith issues a search warrant or holds an inquest under section 196 does not vitiate the proceedings. Under section 507, the proceedings are void if a Magistrate not empowered "Tries an offender summarily". So only the unauthorised summary trial vitiates the proceedings.
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