A Magistrate not empowered, tries an offender summarily. State, with reasons, whether the trial is vitiated in this case or not?
Section 461 in the Code of Criminal Procedure, 1973 lays down provisions regarding irregularities which vitiate proceedings.
Question: A Magistrate not empowered, tries an offender summarily. State, with reasons, whether the trial is vitiated in this case or not? [WBJS 1997] Find the answer only on Legal Bites. [A Magistrate not empowered, tries an offender summarily. State, with reasons, whether the trial is vitiated in this case or not?] Answer At the outset, it may be mentioned that the jurisdiction of a criminal court is of two kinds. One has reference to the power of the court to try particular kinds...
Question: A Magistrate not empowered, tries an offender summarily. State, with reasons, whether the trial is vitiated in this case or not? [WBJS 1997]
Find the answer only on Legal Bites. [A Magistrate not empowered, tries an offender summarily. State, with reasons, whether the trial is vitiated in this case or not?]
Answer
At the outset, it may be mentioned that the jurisdiction of a criminal court is of two kinds. One has reference to the power of the court to try particular kinds of offences.
This jurisdiction goes to the root of the matter, and if a court which is not empowered to try a particular offence does try that offence, the entire trial shall be void. Section 461, which deals with irregularities which vitiate proceedings, provides by clause (1) that if any Magistrate not empowered by law on this behalf tries an offender, his proceedings shall be void.
Section 461 in the Code of Criminal Procedure, 1973 lays down provisions regarding irregularities which vitiate proceedings. If any Magistrate, not being empowered by law on this behalf, does any of the following things, namely:- (m) tries an offender summarily, his proceedings shall be void. Hence, when a Magistrate is not empowered and tries an offender summarily the trial is vitiated in this case.
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