Section 510 BNSS: Effect of omission to frame, or absence of, or error in, charge (Formerly Section 464 CrPC)

Section 510 of Bharatiya Nagarik Suraksha Sanhita, 2023: Effect of omission to frame, or absence of, or error in, charge

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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:

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 510

Section 510 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 464 of the CrPC, 1973) provides that no finding, sentence, or order shall be deemed invalid merely on the ground of omission to frame, absence of, or error in a charge, unless a failure of justice has in fact been occasioned.

Error or Omission in Charge Curable: No finding, sentence, or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground of the omission to frame a charge, or on the ground of any error, omission, or irregularity in the charge.
Failure of Justice Test: Invalidated only if, in the opinion of the Court of appeal, confirmation, or revision, a failure of justice has in fact been occasioned thereby.
Court's Power to Direct New Trial: If a failure of justice has occurred, the superior court may order a charge to be framed and that the trial be recommended from that point, or order a new trial.

Key Landmark Precedents:

Willie (William) Slaney v. State of M.P., AIR 1956 SC 116: The landmark Constitution Bench established that procedural defects in framing charges are curable under Section 464 CrPC; unless the accused was misled in their defence and prejudice was caused, the conviction stands.
Dalbir Singh v. State of U.P., (2004) 5 SCC 334: The Supreme Court held that an accused charged under Section 302 can be convicted under Section 304A or 306 IPC without a formal charge if no failure of justice is caused.

Courtroom Practice & Strategic Litigation Guidance:

To overturn a conviction based on an erroneous charge, demonstrate that the client was severely misled during cross-examination and prevented from leading evidence on the distinct statutory ingredients of the newly convicted offence.