UPHJS2018-II
Pre. Exam

12. Which of the following irregularities of a Magistrate, not empowered by law to do so, vitiates the proceedings?

(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

Answer and Notes Answer is C



Explanation: Section 461 of Code of Criminal Procedure lays down the irregularities which vitiate the proceedings. According to section 461(k) if the magistrate, not being empowered by law, takes cognizance o~ an offence under section 190(1) (c) then the proceedings shall be void.