What is Section 461 CrPC?

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  1. Irregularities which vitiate proceedings.—If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely:—
    (a) attaches and sells property under section 83; Subs. by Act 25 of 2005, s. 41, for “less than ten rupees” (w.e.f. 23-6-2006). 162
    (b) issues a search-warrant for a document, parcel or other things in the custody of a postal or telegraph
    (c) demands security to keep the peace;
    (d) demands security for good behaviour;
    (e) discharges a person lawfully bound to be of good behaviour;
    (f) cancels a bond to keep the peace;
    (g) makes an order for maintenance;
    (h) makes an order under section 133 as to a local nuisance;
    (i) prohibits, under section 143, the repetition or continuance of a public nuisance;
    (j) makes an order under Part C or Part D of Chapter X;
    (k) takes cognizance of an offence under clause (c) of sub-section (1) of section 190;
    (l) tries an offender;
    (m) tries an offender summarily;
    (n) passes a sentence, under section 325, on proceedings recorded by another Magistrate;
    (o) decides an appeal;
    (p) calls, under section 397, for proceedings; or
    (q) revises an order passed under section 446, his proceedings shall be void.

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