section 535
Omitted Omitted.
The Code of Criminal Procedure, 1989Criminal1989605 of 612 sections available
Chapter XLV OF IRREGULAR PROCEEDINGS
Statutory text
Effect of omission to prepare charge Effect of omission to prepare charge.-
- (1) No finding or sentence pronounced or passed shall be deemed invalid merely on the ground that no charge was framed, unless, in the opinion of the Court of appeal or revision, a failure of justice has in fact been occasioned thereby.
- (2) If the Court of appeal or revision thinks that a failure of justice has been occasioned by an omission to frame a charge, it shall order that a charge be framed, and that the trial be recommended from the point immediately after the framing of the charge. Finding or sentence when reversible by reason of error or omission in charge or other proceedings;-Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered under Chapter XXVII or on appeal or revision on account-
- (a) of any error, omission or irregularity in the complaint, summons warrant, proclamation order, judgment or other proceedings before or during trial or is any inquiry or other proceedings under this Code; or
- (b) of any error, omission or irregularity in the charge, including any misjoinder of charges;
- (c) Omitted.
- (d) Omitted. Unless such error, omission or irregularity has in fact occasioned a failure of justice. Explanation.-In determining whether any error, omission or irregularity in any proceeding under this Code has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.
536 Omitted
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