- 09-Nov-2024
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(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—
Section 512 of the Bharatiya Nagarik Suraksha Sanhita, 2023, addresses the implications of not framing a charge or errors in the charge. It stipulates that such issues do not invalidate court findings unless they result in a failure of justice. If a failure of justice is identified, the court may order the framing of a charge or direct a new trial, with the possibility of quashing the conviction if no valid charge can be made.
A1: Section 512 states that no finding, sentence, or order by a competent court shall be deemed invalid merely due to the absence of a framed charge or any error, omission, or irregularity in the charge, unless it results in a failure of justice.
A2: The Court may order that a charge be framed and continue the trial from that point, or it may direct a new trial with a charge framed as it sees fit.
A3: If the court believes that no valid charge can be preferred based on the proved facts, it shall quash the conviction.
Section 512 of the Bharatiya Nagarik Suraksha Sanhita, 2023, clarifies that the absence or errors in charges do not automatically invalidate court decisions unless they cause a failure of justice. It provides remedies such as framing charges or ordering new trials, and allows for the quashing of convictions if no valid charges can be substantiated.
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