CrPC Section 464
π Section 464 CrPC β Effect of Omission to Frame, or Absence of, or Error in, Charge
βοΈ Bare Act Language (Simplified)
Section 464 deals with situations where there has been:
No charge framed, or
A mistake/error/omission in the charge.
But despite that, a person has been tried and convicted.
This section clarifies that:
A conviction shall not be invalid merely because there was:
No charge,
An error in the charge, or
Omission in the charge,
If the court considers that:
No failure of justice has occurred because of it.
π§ Purpose of Section 464
To prevent technical defects in charges from invalidating a fair trial.
To ensure justice is not defeated just because of minor or curable mistakes in procedure.
Focus is on substance over form.
𧱠Structure of Section 464
πΉ Sub-section (1):
Says that a finding, sentence, or order is not invalid just because:
No charge was framed, or
There was an error or omission in the charge.
Condition: The court must be satisfied that no failure of justice has occurred.
β If no failure of justice β Conviction stands.
β If failure of justice β Conviction cannot stand (and may require retrial or fresh trial).
πΉ Sub-section (2):
If the appellate or revisional court finds:
That failure of justice has occurred due to non-framing or defective charge,
Then the court can:
Order a new trial, or
Direct the charge to be framed properly, and
Proceed from the stage after framing the correct charge.
π Key Elements to Understand
β When Conviction is Valid:
When accused understood the nature of accusations,
Had full opportunity to defend themselves,
There was no prejudice caused due to the omission or error in charge.
β When Conviction is Invalid:
If the accused was misled by the absence or error in charge,
If it resulted in miscarriage of justice,
If the error caused confusion, denial of proper defense, or surprise.
π Examples
Example 1 β No Charge Framed, But Fair Trial Held:
Suppose a person is prosecuted for theft, and during the trial, all evidence, witnesses, and defense were presented as if the charge was theft β even though formally, no written charge was framed.
If the accused knew the case against them and defended accordingly, the conviction wonβt be invalid, as per Section 464(1).
Example 2 β Wrong Charge Causes Confusion:
Suppose someone is charged with "cheating" under Section 420 IPC, but all the evidence shows "criminal breach of trust" under Section 406 IPC.
If the accused was convicted under Section 406 without being informed or given a chance to defend that charge, it may amount to failure of justice. The appellate court may order a retrial under Section 464(2).
βοΈ Case Laws Interpreting Section 464
Although you're not asking for external references, it's worth noting that Indian courts have repeatedly emphasized:
Substance over technicality: The trial must be fair, not perfect.
An error in charge does not automatically vitiate the trial unless it results in prejudice.
π§Ύ Summary of Section 464 CrPC
| Element | Explanation |
|---|---|
| Applies When | No charge or error in charge |
| Key Condition | No failure of justice must have occurred |
| If No Failure of Justice | Conviction stands |
| If Failure of Justice Occurred | Court may order new trial or correct charge |
| Purpose | Avoid invalidating fair trials due to technical defects |
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