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

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