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Section 529. Irregularities which do not vitiate proceedings

If any Magistrate not empowered by law to do any of the following things, namely:

  1. to issue a search warrant under section 98;
  2. to order, under section 155, the police to investigate an offence;
  3. to hold an inquest under section 176;
  4. to issue process, under section 186, for the apprehension of a person within the local limits of his jurisdiction who has committed an offence outside such limits;
  5. to take cognizance of an offence under section 190, sub-section (1), clause (a) or clause (b); [1] [2]

  6. Provided that (4) ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s.147. 4 Original sub-sections (1), (2) and (3) were re-numbered as (2), (3) and (5) respectively, by Act No. XVIII of 1923, s. 137. [5] (6) omitted by A.O., 1949, Sch. [7]
  7. to transfer a case under section 192;
  8. to tender a pardon under section 337 or section 338;
  9. to sell property under section 524 or section 525; or
  10. to withdraw a case and try it himself under section 528;

erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

Annotations (4)
  • amendment [1] the Law Reforms (Amdt.) Act, 1976 (XXI of 1976), s. 27 and Sch.
  • amendment [2] by the Legal Reforms Act, 1997 (Act No. XXIII of 1997), s. 2. 3 Sub-section
  • amendment [5] the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch., for “section”. 6 Sub-section
  • amendment [7] by Ord. XXXVII of 2001, s.75. 8 Chapter XLIVA (ss. 528A to 528 D) was ins. by the Criminal Law Amendment Act, 1923 (XII of 1923), s.33. *Sic should read as ”the”.
  • Permalink: http://laws.alianwaar.com/crpc/529

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