Correct option is C
According to Section 461(a) of CrPC, if a Magistrate, who is not empowered by law to attach and sell property under Section 83 of the Code of Criminal Procedure, 1973, does so, his proceedings shall be void. Section 83 pertains to the attachment of property of a person proclaimed absconder and only a Magistrate empowered by law can exercise this power.
Information Booster:
1. Section 83 CrPC: This Section allows the attachment of property belonging to a proclaimed offender to compel their appearance before the Court.
2. Empowered Magistrate: Only a Magistrate who is legally empowered can order such an attachment and subsequent sale of property.
3. Legal Validity: Actions taken by a Magistrate without proper legal authority are considered void, meaning they have no legal effect.
4. Good Faith: Acting in good faith does not validate the actions of an unauthorized Magistrate under this section.
5. Judicial Oversight: Ensuring that only empowered Magistrates perform such duties is crucial to maintain judicial propriety and protect property rights.
Additional Information:
Option (a): Shall not be void if he had acted in good faith: This is incorrect. The good faith action of an unauthorized Magistrate does not validate the proceedings.
Option (b): Shall be voidable: This is incorrect. Voidable means that the action can be annulled or validated at a later stage, which is not applicable here.
Option (c): Shall be void: This is the correct answer. The proceedings of an unauthorized Magistrate attaching and selling property are invalid and have no legal standing.
Option (d): Shall be merely irregular: This is incorrect. An irregularity implies a procedural mistake that does not nullify the proceedings, whereas in this case, the lack of authority renders the proceedings null and void.
