CrPC Section 465
🔹 Section 465 CrPC – Effect of Errors, Omissions, or Irregularities
🔸 Bare Language of Section 465 CrPC:
Section 465(1):
No finding, sentence or order passed by a competent court shall be reversed or altered by a court of appeal, confirmation, or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, unless, in the opinion of that court, a failure of justice has in fact been occasioned thereby.
Section 465(2):
In determining whether any such error, omission or irregularity has occasioned a failure of justice, the court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.
🔹 Purpose of Section 465 CrPC:
The purpose of this section is to prevent unnecessary annulment of judicial decisions due to technical or procedural errors unless they result in a miscarriage of justice.
It ensures that substantive justice is not sacrificed for technicalities.
🔹 Key Components and Explanation:
1. Applies to Errors or Irregularities
These could be mistakes in:
Filing a complaint
Issuing a summons or warrant
Drafting judgments or orders
Procedural steps in trial or inquiry
2. Only Applies If There’s No Failure of Justice
Courts will not reverse or set aside a decision just because there was a technical or procedural mistake.
The main test is: Has the mistake actually caused a failure of justice?
If no failure of justice, the decision stands.
If failure of justice occurred, the decision may be reversed or modified.
3. Timing of Objection Matters (Sub-section 2)
The appellate or revisional court will check:
Could the party have raised this objection earlier?
Should the party have raised it earlier?
If a party waited too long to raise the issue, the court may not entertain it unless it clearly caused a failure of justice.
🔹 Examples to Understand Section 465 Better:
✅ Example Where Section 465 Protects a Decision:
Suppose a warrant of arrest has a typo in the name of the accused, but the accused was still properly arrested and given a fair trial.
This minor clerical error does not affect the validity of the trial.
So, under Section 465, the conviction cannot be set aside on this ground unless it caused prejudice or injustice.
❌ Example Where Decision May Be Set Aside:
Suppose a person is convicted without ever being given a proper opportunity to defend themselves due to an irregularity in summoning.
If this has caused a failure of justice, then the appellate court may reverse the conviction under Section 465.
🔹 Judicial Interpretation:
Courts in India have repeatedly emphasized that:
Substance over form is key.
Trivial or technical defects should not overturn otherwise lawful proceedings.
But courts must remain alert to real injustice arising from such errors.
🔹 Conclusion:
Section 465 CrPC is a safeguard against hyper-technical objections aimed at derailing justice. It empowers appellate and revisional courts to look at the real impact of any error or irregularity:
Did it cause injustice? → May reverse the decision.
Was it harmless? → The decision stands.
The focus is on justice, not just procedure.
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