BNSS Section 510 — Effect of omission to frame, or absence of, or error in, charge

Summary

A court's decision or sentence is not automatically invalid just because there was no charge framed, or because the charge had a mistake, omission, or irregularity. However, if a higher court reviewing the case believes that this error actually caused a failure of justice, it can take action. In that situation, if no charge was framed at all, the higher court can order that a charge be framed and the trial restarted from that point. If the charge had an error or irregularity, the higher court can order a new trial with a corrected charge, but if it finds that no valid charge could have been made based on the facts, it must cancel the conviction.

Official Text

(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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §464 — Effect of omission to frame, or absence of, or error in, charge