Multiple choice

When will a proceeding be vitiated if the magistrate is not empowered to do so?

  1. To issue a search warrant under Section 94 of the CrPC

  2. To hold an inquest under Section 176 of the CrPC

  3. Tries an offender summarily

  4. To tender a pardon under Section 306 of the CrPC
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C Correct answer
Explanation

Option (1) is incorrect: Section 461 of the Code of Criminal Procedure deals with irregularities, which vitiate proceedings if the magistrate is not empowered to do so and to issue a search warrant under Section 94 of the CrPC by a magistrate, who is not authorised, does not come under this section. Option (2) is incorrect: To hold an inquest under Section 176 of the CrPC does not come under Section 461. Option (3) is correct: If a magistrate tries an offender summarily, who is not authorised to do so, will vitiate proceedings under Section 461. Option (4) is incorrect: To tender a pardon under Section 306 of the CrPC does not come under Section 461.

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