Chapter 35 Flashcards

1
Q

What are the three Grounds mention under section 464 on which no finding sentence or order by a court of competent jurisdiction be deemed invalid

A
  1. That no charge was framed or
  2. on ground of any error omission or irregularity in charge including any missed joiner of charges,
    unless in the opinion of the court of appeal Court of confirmation or revision of a failure of justice has infect been occasion theirby
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2
Q

As per subsection 2 of section 464 what can such port of appeal / confirmation / revision when it is of the opinion that failure of justice has infect been occasion do

A

A. in the case of an omission to frame a charge, order that a charge be framed and that the trial be recommenced 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.
Read more at: https://devgan.in/crpc/section/464/

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