Section 529. Irregularities which do not vitiate proceedings
If any Magistrate not empowered by law to do any of the following things, namely:
- to issue a search warrant under section 98;
- to order, under section 155, the police to investigate an offence;
- to hold an inquest under section 176;
- 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;
- to take cognizance of an offence under section 190, sub-section (1), clause (a) or clause (b); [1] [2]
- to transfer a case under section 192;
- to tender a pardon under section 337 or section 338;
- to sell property under section 524 or section 525; or
- to withdraw a case and try it himself under section 528;
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]
erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.