Finding or sentence when reversible by reason of error, omission or irregularity
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Summary
A higher court on appeal, confirmation or revision can reverse or alter a finding, sentence or order if there was an error, omission or irregularity in the complaint, summons, warrant, order, judgment or other proceedings, or in the sanction for prosecution. The court will not reverse if no failure of justice actually resulted, and it will consider whether the defect could and should have been raised earlier.
Example
Priya is convicted though the complaint failed to name a key witness. On appeal the higher court may set aside the conviction if that omission caused a real failure of justice. If the omission was merely technical or should have been raised earlier at trial, the court may refuse to reverse.
Bare Act
Enacted text(1) Subject to the provisions hereinbefore contained, on finding sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation or 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 Code, 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 Code, 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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