Section 391
Omission to frame charge
of Criminal Procedure Code 2010
ActIn forceProvision 418 of 478
Section 391
(1)
A judgment, sentence or order pronounced or passed is not invalid merely because no charge was framed, unless the appellate court is of the opinion that it has caused a failure of justice.
(2)
If the appellate court is of such opinion, the appellate court must order a new trial.