Finding or sentence when reversible by reason of error, omission or irregularity
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Summary
A higher court will not reverse or alter a competent court's finding, sentence or order for mere errors, omissions or irregularities in complaints, summons, warrants, orders, judgments or other proceedings unless those defects actually caused a failure of justice. When deciding, the appellate court will consider whether the objection could and should have been raised at an earlier stage.
Example
Priya, a shopkeeper, was convicted though the summons had a clerical omission. On appeal the court will not automatically set aside her conviction for that omission unless it finds the omission caused a real failure of justice. The appellate court will also check whether Priya or her lawyer could and should have raised the defect earlier.
Bare Act
Enacted text(1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation of 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 Sanhita, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby.
(2) In determining whether any error, omission or irregularity in any proceeding under this Sanhita, or any error, or irregularity in any sanction for the prosecution 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.
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