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The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter XLV

OF IRREGULAR PROCEEDINGS

Effect of omission to prepare charge
535.(1) No finding or sentence pronounced or passed shall be deemed invalid merely on the ground that no charge was framed, unless, in the opinion of the Court of appeal or revision, a failure of justice has in fact been occasioned thereby.
 
 
 
 
(2) If the Court of appeal or revision thinks that a failure of justice has been occasioned by an omission to frame a charge, it shall order that a charge be framed, and that the trial be recommenced from the point immediately after the framing of the charge.

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