CrPC 464 to BNSS 510: Effect of omission to frame, or absence of, or error in, charge
Section 464 CrPC (1973) replaced by Section 510 BNSS (2023)
CrPC 464 to BNSS 510 at a Glance
Section 464 CrPC (Effect of omission to frame, or absence of, or error in, charge) is now Section 510 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 464 to BNSS 510?
Section 464 of the Code of Criminal Procedure, 1973 was replaced by Section 510 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 510 BNSS has the same heading and the same text as Section 464 CrPC.
CrPC 464 vs BNSS 510: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 464 | 510 |
| Heading | Effect of omission to frame, or absence of, or error in, charge | Same |
| Sub-sections | 2 sub-sections | Same |
CrPC 464 and BNSS 510: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 464, CrPC 1973
464. Effect of omission to frame, or absence of, or error in, charge.—(1) No finding, sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby.
(2) If the Court of appeal, confirmation or revision, is of opinion that a failure of justice has in fact been occasioned, it may,—
(a) in the case of an omission to frame a charge, order that a charge be framed, and that the trial be recommenced from the point immediately after the framing of the charge;
(b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit:
Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.
BNSS 2023 (in force)
Section 510, BNSS 2023
510. Effect of omission to frame, or absence of, or error in, charge.—(1) No finding, sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby.
(2) If the Court of appeal, confirmation or revision, is of opinion that a failure of justice has in fact been occasioned, it may,—
(a) in the case of an omission to frame a charge, order that a charge be framed, and that the trial be recommenced from the point immediately after the framing of the charge;
(b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit:
Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.
When It Applies: CrPC 464 vs BNSS 510
Under CrPC 464
- Section 464(1) CrPC speaks of a finding, sentence or order by a Court of competent jurisdiction, where no charge was framed or there is any error, omission or irregularity in the charge including any misjoinder of charges.
- Under Section 464(1) CrPC, the finding, sentence or order is not deemed invalid on that ground unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby.
- Under Section 464(2)(a) CrPC, in the case of an omission to frame a charge, the Court of appeal, confirmation or revision may order that a charge be framed, and that the trial be recommenced.
- Under Section 464(2)(b) CrPC, in the case of an error, omission or irregularity in the charge, the Court of appeal, confirmation or revision may direct a new trial to be had upon a charge framed in whatever manner it thinks fit.
- The proviso to Section 464(2) CrPC provides that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.
Under BNSS 510
- Section 510(1) BNSS speaks of a finding, sentence or order by a Court of competent jurisdiction, where no charge was framed or there is any error, omission or irregularity in the charge including any misjoinder of charges.
- Under Section 510(1) BNSS, the finding, sentence or order is not deemed invalid on that ground unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby.
- Under Section 510(2)(a) BNSS, in the case of an omission to frame a charge, the Court of appeal, confirmation or revision may order that a charge be framed, and that the trial be recommenced.
- Under Section 510(2)(b) BNSS, in the case of an error, omission or irregularity in the charge, the Court of appeal, confirmation or revision may direct a new trial to be had upon a charge framed in whatever manner it thinks fit.
- The proviso to Section 510(2) BNSS provides that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.
Time Limits: CrPC 464 to BNSS 510
Under CrPC 464
- Section 464(2)(a) CrPC speaks of the trial being recommenced from the point immediately after the framing of the charge.Act text: “the trial be recommenced from the point immediately after the framing of the charge”
Under BNSS 510
- Section 510(2)(a) BNSS speaks of the trial being recommenced from the point immediately after the framing of the charge.Act text: “the trial be recommenced from the point immediately after the framing of the charge”
What CrPC 464 to BNSS 510 Means in Practice
From 1 July 2024, the effect of omission to frame, or absence of, or error in, charge is found in Section 510 BNSS instead of Section 464 CrPC, in the same words.
FAQs: CrPC 464 to BNSS 510
Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 464 CrPC found in?▼
From 1 July 2024, Section 464 of the Code of Criminal Procedure, 1973 is found in Section 510 BNSS. Section 464(1) CrPC is found in Section 510(1) BNSS, Section 464(2) CrPC in Section 510(2) BNSS, and the proviso to Section 464(2) CrPC in the proviso to Section 510(2) BNSS.
Did the wording of Section 464 CrPC change in Section 510 BNSS?▼
Section 510 BNSS has the same heading and the same text as Section 464 CrPC.
Is the proviso to Section 464(2) CrPC found in Section 510 BNSS?▼
The proviso to Section 510(2) BNSS is in the same words as the proviso to Section 464(2) CrPC: if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·