Proceedings in wrong place
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Summary
An order, conviction or sentence will not be set aside merely because the inquiry, trial or other proceedings took place in the wrong sessions division, district, sub division or local area. The decision stays unless the error actually caused a failure of justice. Only when the wrong place led to prejudice or denied a fair trial can the finding be overturned.
Example
Priya’s trial was mistakenly held in a neighbouring district instead of her own. If the venue change did not stop witnesses from attending or otherwise prejudice her defence, the conviction remains valid. But if key witnesses could not come because of the wrong place and she was denied a fair trial, the order may be set aside.
Bare Act
Enacted textNo finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice.
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