Code of Criminal Procedure Act, 1973
464.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 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:
Providedthat 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.