- 09-Nov-2024
- Consumer Court Law Guides
If any Magistrate not empowered by law to do any of the following things, namely:—
erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.
This section clarifies that if a Magistrate who lacks the legal authority to perform specific actions inadvertently does so in good faith, the proceedings resulting from those actions will not be invalidated. The actions listed include issuing search warrants, ordering investigations, holding inquests, and several others.
A1: If the Magistrate performs those actions erroneously but in good faith, the proceedings will not be set aside solely due to the lack of empowerment.
A2: The actions include issuing search warrants, ordering police investigations, holding inquests, issuing processes for apprehension, and others as listed in the section.
A3: Yes, performing actions in good faith is crucial for ensuring that the proceedings remain valid, despite the lack of empowerment.
- If a Magistrate issues a search warrant without proper authority but genuinely believes he is acting within his rights, the proceedings related to that search warrant will not be invalidated.
- A Magistrate may inadvertently order a police investigation even though he lacks the power to do so; as long as the action was taken in good faith, the related proceedings will still stand.
Section 508 of the Bharatiya Nagarik Suraksha Sanhita provides protection for Magistrates who act in good faith despite lacking legal empowerment for certain actions. It ensures that such actions do not nullify the proceedings, promoting the stability of judicial processes.
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