CrPC Section 466: Defect or Error Doesn’t Invalidate Attachment

1. State the Code

Section 466 of the Code of Criminal Procedure (CrPC) states that no attachment made under this Chapter shall be invalidated merely on account of any defect or error in the warrant of attachment, or in the procedure for making the attachment, if such defect or error is not of a substantial nature.

2. Explanation

This section emphasizes that even if there are minor flaws or mistakes in the warrant of attachment or the process of attaching property, it doesn’t automatically invalidate the attachment. The law focuses on the substance of the attachment rather than minor technicalities.

However, if the defect or error is considered “substantial” or significantly undermines the legality of the attachment, it could be invalidated.

3. Illustration

Imagine a scenario where a warrant of attachment mentions the wrong address of the property. The court might consider this a minor error, as the intended property was still clearly identifiable. Therefore, the attachment wouldn’t be invalidated.

On the other hand, if the warrant fails to specify the property being attached or the reason for attachment, this would be a substantial error, potentially rendering the attachment invalid.

4. Common Questions and Answers

Q: What constitutes a “substantial” error?

A: The courts determine this on a case-by-case basis, considering factors like the nature of the error, its impact on the attachment process, and its potential to prejudice the accused.

Q: What remedies are available if an attachment is deemed invalid?

A: The accused can challenge the attachment through legal proceedings, such as filing an application for discharge of attachment.

Q: Can the court rectify minor defects in the warrant of attachment?

A: Yes, the court has the power to amend or rectify minor defects to ensure the validity of the attachment.