Chapter XVII

Section 215 CrPC: Effect of errors

New Law Update (2024)

Section 236 BNSS

TRIAL COURT

Punishment​

Procedural – Trial / Charge

Cognizable?

Bailable?

Compoundable?

Bare Act Text

No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.

Important Sub-Sections Explained

Landmark Judgements

Pulukuri Kottaya v. King-Emperor (1947):

The Privy Council established the fundamental principle that procedural defects in a charge are not fatal unless they have occasioned a failure of justice. The crucial test is whether the accused was, in fact, misled or prejudiced by the error or omission.

Willie (William) Slaney v. State of M.P. (1956):

The Supreme Court held that minor errors or omissions in a charge, not causing prejudice to the accused or a failure of justice, would not vitiate the trial. The focus is on substance over form, ensuring that the accused had clear notice of the case against them.

Mohan Singh v. State of Rajasthan (1996):

The Supreme Court reiterated that an omission to frame a charge, or an error in a charge, is not fatal unless it occasions a failure of justice. The Court emphasized that unless prejudice is caused to the accused, procedural irregularities in framing a charge cannot lead to the setting aside of a conviction.

Draft Format / Application

Leave a Comment

Scroll to Top