Question
Legal Studies Question on Criminal Procedure
Which of the following act if done by any Magistrate, even in good faith without being empowered, shall vitiate the proceedings as per the Code of Criminal Procedure, 1973?
A
Tender a pardon under Section 306 of CrPC.
B
Recall a case and try it under Section 410 of the CrPC.
C
Attaches property under Section 83 of the CrPC.
D
Hold an inquest under Section 176 of the CrPC.
Answer
Attaches property under Section 83 of the CrPC.
Explanation
Solution
According to the CrPC, a Magistrate must be duly empowered to attach property under Section 83. If done without authority, it will vitiate the proceedings.