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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXVII: Irregular Proceedings

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

Corresponding CrPC
Section 464 CrPC

Bare Act 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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

No finding, sentence or order of a competent Court is invalid merely because no charge was framed or because of an error, omission or irregularity in the charge, including misjoinder of charges, unless the Court of appeal, confirmation or revision finds that a failure of justice has in fact been occasioned. The section further sets out what the Court may do on finding such a failure.

Chapter XXXVII: Irregular Proceedings

  1. 506 Irregularities which do not vitiate proceedings
  2. 507 Irregularities which vitiate proceedings
  3. 508 Proceedings in wrong place
  4. 509 Non-compliance with provisions of section 183 or section 316
  5. 510 Effect of omission to frame, or absence of, or error in, charge
  6. 511 Finding or sentence when reversible by reason of error, omission or irregularity
  7. 512 Defect or error not to make attachment unlawful