Section 460 CrPC: Irregularities Not Vitiating Criminal Proceedings

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Section 460 CrPC: Irregularities Not Vitiating Criminal Proceedings

Code: Section 460 of the Code of Criminal Procedure, 1973 (CrPC)

Explanation: This section deals with the principle of “technicalities should not be allowed to defeat the ends of justice”. It states that no criminal proceedings shall be invalidated merely because of some technical irregularities or procedural lapses, provided the accused person has not been prejudiced by these irregularities and the court is satisfied that substantial justice has been done.

Illustration:

  • Incorrect summons: If a summons is issued with a minor error in the date or time, but the accused person still appears in court, the proceedings will not be invalidated. The accused was not prejudiced by the error and the court was able to proceed with the case.
  • Lack of formal charges: In some cases, formal charges might be omitted or read out incorrectly. However, if the accused person is fully aware of the charges against them and has had an opportunity to defend themselves, the proceedings will likely be upheld.

Common Questions and Answers:

Q: Can any irregularity invalidate a criminal proceeding?
A: No, only those irregularities that cause prejudice to the accused person and hinder the administration of justice can invalidate the proceedings.

Q: What are some examples of irregularities that might not invalidate a proceeding?
A: Minor errors in dates, times, or names, procedural lapses that do not affect the accused’s right to a fair trial, and errors that are rectified by the court.

Q: Who decides if an irregularity is substantial enough to invalidate the proceedings?
A: The court has the discretion to decide if an irregularity is substantial enough to affect the fairness of the proceedings.

Also Read  Section 113 CrPC: Summons or Warrant for Absent Persons - Code of Criminal Procedure
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