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

Finding or sentence when reversible by reason of error, omission or irregularity and Defect or error not to make attachment unlawful are defined under Section 465 and 466 of CRPC 1973. Provisions under these sections are:

 

 

 

Section 465 of CRPC "Finding or sentence when reversible by reason of error, omission or irregularity"

(1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent Jurisdiction shall be reversed or altered by a Court of appeal, confirmation of revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order judgement or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby.

(2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error or irregularity in any sanction for the prosecution 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.

 

Section 466 of CRPC "Defect or error not to make attachment unlawful"

No attachment made under this Code shall be deemed unlawful, nor shall any person making the same be deemed to trespasser, on account of any defect or want of form in summons, conviction, writ of attachment or other proceedings relating thereto

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