Chapter XXXV
Section 462 CrPC: Proceedings in wrong place
New Law Update (2024)
Section 525 BNSS
TRIAL COURT
Any Criminal Court
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
No 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.
Important Sub-Sections Explained
Landmark Judgements
Gopala Rao v. Public Prosecutor, Andhra Pradesh (1970):
The Supreme Court held that an error in the place of inquiry or trial, in contravention of Sections 177 to 185 CrPC, would not vitiate a conviction unless it is shown that such an error has occasioned a ‘failure of justice’ and caused prejudice to the accused. Mere irregularity is insufficient to invalidate the proceedings.
Willie (William) Slaney v. State of Madhya Pradesh (1956):
Though primarily dealing with irregularities in the framing of charges, this landmark case laid down the fundamental principle that procedural irregularities, unless causing actual prejudice and a ‘failure of justice,’ would not vitiate the entire proceedings. This principle is widely applied to various curable errors, including those concerning the place of inquiry or trial under Section 462 CrPC.