December 16, 2014
Affidavit in proof of conduct of public servants
When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Code, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given.
December 16, 2014
Irregularities which vitiate proceedings
If any Magistrate not empowered by law to do any of the following things, namely:
- to issue a search-warrant under section 94;
- to order, under section 155, the police to investigate an offence;
- to hold an inquest under section 176;
- to issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;
- to take cognizance of an offence under clause (a) or clause (b) of Sub-Section (1) of section 190;
- to make over a case under Sub-Section (2) of section 192;
- to tender a pardon under section 306;
- to recall a case and try it himself under section 410; or
- to sell property under section 458 or section 459,
erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.
December 16, 2014
Power to sell perishable property
If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than five hundred rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.