Proceedings in wrong place
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Summary
Findings, sentences or orders will not be set aside merely because the inquiry, trial or other proceedings occurred in the wrong sessions division, district, sub-division or other local area. This applies whenever proceedings were held in an incorrect local jurisdiction. The defect only invalidates the outcome if it actually occasioned a failure of justice.
Example
Priya’s hearing was held by mistake in the neighbouring district and she was convicted. Her conviction will not be overturned just because the venue was wrong. It can be set aside only if the wrong place actually caused a failure of justice, for example if key witnesses could not attend due to the change.
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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