CaseMinister
CaseMinister › Sections › BNSS › Section 510

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

Section 510 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with effect of omission to frame, or absence of, or error in, charge. It replaces CrPC 464 of the Code of Criminal Procedure, 1973.

Text of BNSS Section 510

510. (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.

Finding or sentence when reversible by reason of error, Omission or irregularity.

CrPC sections replaced

Ask CaseMinister about BNSS 510

Get the judgments that apply this section, with the paragraph relied on in each and what later Benches said about it. Two answers free on WhatsApp, no signup.

← BNSS 509BNSS 511 →