Irregular Proceedings under Code of Criminal Procedure 1973

1. Irregular Proceedings
Aditya Kashyap
Roll No. – 16183
Group No. – 12
Submitted to
Dr. Sharanjit
Associate Professor of Law, RGNUL
Code of Criminal Procedure
RAJIV GANDHI NATIONAL UNIVERSITY OF LAW
PUNJAB

2. Meaning?
Same as illegal?
Effect of irregularity?
Aim of Procedural Law?
1. Curable
2.
Incurable
•What
•When
•What
•When
Irregular Proceedings
Types

3. Lack of jurisdiction
Takes cognizance u/s 190
Transfer of case
Tender a pardon
Erroneously in good faith
Curing irregularities
Irregularities which do not vitiate proceedings (S.460)
Option to cure the irregularities
specified
if committed by a Magistrate not
empowered by law
If they are committed erroneously
in good faith
should not cause a prejudice to the
accused (?)
Irregularities which do not vitiate proceedings (S. 460)

4. attaches and sells property
issues a search-warrant for a document in
the custody of a postal authority
demands security to peace/good behaviour
makes an order for maintenance
takes cognizance u/s190(1)(c)
tries an offender
try an offender summarily
decides an appeal
Magistrate not empowered by law
does any of the following things
his proceedings shall declared
void.
Irregularities which vitiate proceedings (S. 461)Irregularities which vitiate proceedings (S. 461)Irregularities which vitiate proceedings (S. 461)

5. Proceedings in
wrong place
(Section 462)
Reversible
Court order due
to error,
omission or
irregularity
(Section 465)
Irregularity in
recording
statements and
confessions
(section 463)
Legality of
attachment
(Section 466)
Effect of
omission to
frame charge,
or error in the
charge (Section
464)

6. Budh Ram v. State of Himachal Pradesh (29th
February 2020) HPr. HC –
– defect/procedural irregularity in investigation
cannot vitiate the trial
Pawan Arora v. Mahendra Gupta (2017) MP HC
Bharti Arora v. State of Haryana (2010) P&H HC –
PONJ – substantial compliance w/ law – mere
procedural irregularity would not vitiate trial
Paramjit Singh v. State of Punjab (2007) SC –
defect/procedural irregularity in investigation cannot
vitiate the trial
Substantial Prejudice to accused
Goes to the root of the matter
Adversely affect parties’ interests
Violation of PoNJ – not sufficient
Miscarriage of justice
Fair Trial
Cannot be rectified at a later stage
Judicial Pronouncements