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If a presiding Judge of a Court fails to sign and date the judgment, it amounts to
Question

If a presiding Judge of a Court fails to sign and date the judgment, it amounts to

A.

incurable procedural irregularity

B.

procedural irregularity curable under Section 465(1), Cr.P.C.

C.

substantive irregularity

D.

illegality

Correct option is B


According to Section 465(1) of the Cr.P.C., any error, omission, or irregularity in a proceeding shall not render the proceeding void unless it has caused a failure of justice. The failure of a presiding judge to sign and date the judgment is considered a procedural irregularity that can be cured under this provision, provided that the irregularity has not caused a miscarriage of justice.
Information Booster Section 465(1) Cr.P.C. is designed to prevent minor procedural mistakes from invalidating judicial proceedings. The key consideration is whether the omission has led to a failure of justice, which means the error must be assessed in light of its impact on the outcome of the case.
Additional Knowledge
· Incurable procedural irregularity: An error that fundamentally affects the fairness of a proceeding and cannot be rectified.
· Substantive irregularity: A significant deviation from legal requirements that affects the rights of the parties involved.
· Illegality: An action that is against the law and cannot be cured.

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