CrPC Section 463: Non-compliance with Sections 164 & 281
1. Code
Section 463 of the Code of Criminal Procedure, 1973 (CrPC) deals with the legal implications of non-compliance with Sections 164 and 281 of the CrPC.
2. Explanation
This section outlines the consequences for a Magistrate or Police Officer who fails to comply with the procedural requirements outlined in Sections 164 and 281.
- Section 164 mandates the recording of confessions and statements by accused persons in a specific manner.
- Section 281 dictates the process of issuing warrants for arrest and the procedures to be followed.
If a Magistrate or Police Officer fails to adhere to these sections, the proceedings may be deemed invalid or irregular. This can lead to the discharge of the accused or the quashing of the proceedings.
3. Illustration
Imagine a situation where a Magistrate records a confession from an accused person without following the formalities outlined in Section 164. The accused could argue that the confession is invalid and inadmissible in court due to the procedural irregularities. The court might agree and discharge the accused.
4. Common Questions and Answers
Q: What are the potential consequences of violating Section 463?
A: The proceedings might be declared invalid or irregular, leading to the discharge of the accused or the quashing of the proceedings.
Q: Can the Magistrate or Police Officer be held accountable for violating Section 463?
A: Yes, they may be held accountable for their actions, potentially facing disciplinary action or even criminal charges.
Q: What steps should be taken to ensure compliance with Sections 164 and 281?
A: It is crucial to meticulously follow the procedures outlined in these sections, documenting every step and ensuring the accused’s rights are protected.
