Criminal Procedure Code · s 370

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s 370Omission to frame charge

(1)

No finding or sentence pronounced or passed is deemed invalid merely on the ground that no charge was flamed unless, in the

opinion of the Court of Appeal or revision, a failure of justice has been occasioned thereby.

(2)

If the appellate or revising Court thinks that a failure of justice has been occasioned by the omission to frame a charge, it shall order that a charge be framed and that a new trial be held.