What is Proceedings in wrong place? What is Non-compliance with provisions of Section 164 or Section 281? What is the Effect of omission to frame, or absence of, or error in, charge? Section 462, 463 and 464 of Code of Criminal Procedure 1973

Proceedings in wrong place, Non-compliance with provisions of Section 164 or Section 281 and Effect of omission to frame, or absence of, or error in, charge are defined under Section 462, 463 and 464 of CRPC 1973. Provisions under these sections are:

Section 462 of CRPC "Proceedings in wrong place"

No finding sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceeding in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice.

 

Section 463 of CRPC "Non-compliance with provisions of Section 164 or Section 281"

(1) If any Court, before which a confession or other statement of an accused person recorded, or purporting to be recorded under Section 164 or Section 281, is tendered, or has been received, in evidence, finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in Section 91 of the Indian Evidence Act, 1872 (1 of 1872), take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement.

(2) The provisions of this section apply to Courts of appeal, reference and revision.

Section 464 of CRPC "Effect of omission to frame, or absence of, or error in, charge"

(1)No finding sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of Justice has in fact been occasioned thereby.

(2) If the Court of appeal, confirmation or revision, is of opinion that a failure of justice has in fact been occasioned, it may --

(a) in the case of an omission to frame a charge, order that a charge be framed, and that the trial be

recommended from the point immediately after the framing of the charge;

(b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge

framed in whatever manner it thinks fit:

Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction

DISPOSAL OF PROPERTY

What is the meaning of Order for custody and disposal of property pending trial in certain cases? What is the Order for disposal of property at conclusion of trial? Section 451 and 452 of Code of Criminal Procedure 1973

What is Payment to innocent purchaser of money found on accused? What is Appeal against orders under Section 452 or Section 453? What is destruction of libelous and other matter? Section 453, 454 and 455 of Code of Criminal Procedure 1973

What is Power to restore possession of immovable property? What is the Procedure by police upon Seizure of property? Section 456 and 457 of Code of Criminal Procedure 1973

What is Procedure where no claimant appears within six months? What is Power to sell perishable property? Section 458 and 459 of Code of Criminal Procedure 1973

What are the irregularities which do not vitiate proceedings? What are the irregularities which vitiate proceedings? Section 460 and 461 of Code of Criminal Procedure 1973

What is Proceedings in wrong place? What is Non-compliance with provisions of Section 164 or Section 281? What is the Effect of omission to frame, or absence of, or error in, charge? Section 462, 463 and 464 of Code of Criminal Procedure 1973

What is Finding or sentence when reversible by reason of error, omission or irregularity? What is defect or error not to make attachment unlawful? Section 465 and 466 of Code of Criminal Procedure 1973

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

Section 468, 469, 470, 471, 472 and 473 of Code of Criminal Procedure 1973 - What is the limitation period for taking cognizance of offences under CRPC?

 

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