Section 510 BNSS: Effect of omission to frame, or absence of, or error in, charge
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 510 BNSS at a Glance
Section 510 BNSS deals with effect of omission to frame, or absence of, or error in, charge. It replaced Section 464 CrPC on 1 July 2024.
Section 510 BNSS Bare Act Text
(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.
Source: Section 510, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 510 BNSS in Simple Words
Section 510 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the effect of omission to frame, or absence of, or error in, charge.
Under Section 510(1) BNSS, 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.
Section 510(2) BNSS provides what the Court of appeal, confirmation or revision may do if it is of opinion that a failure of justice has in fact been occasioned.
When Section 510 BNSS Applies
- 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 Under Section 510 BNSS
- 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”
Example of Section 510 BNSS
When Section 510 BNSS Does Not Apply
- Section 510 BNSS speaks of the effect of omission to frame, or absence of, or error in, a charge. It does not deal with proceedings in the wrong place, which Section 508 BNSS speaks of.
- Section 510 BNSS speaks of a finding, sentence or order where no charge was framed or there is an error in the charge. It does not deal with a finding or sentence reversible by reason of error, omission or irregularity, which Section 511 BNSS speaks of.
Section 510 BNSS in the CrPC (Previous Law)
Section 510 BNSS replaced Section 464 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 510 BNSS
Is a finding, sentence or order invalid under Section 510 BNSS if no charge was framed?▼
Section 510(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that 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.
What may the Court of appeal, confirmation or revision do under Section 510(2) BNSS?▼
Under Section 510(2) BNSS, if the Court of appeal, confirmation or revision is of opinion that a failure of justice has in fact been occasioned, it may, 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. In the case of an error, omission or irregularity in the charge, it may direct a new trial to be had upon a charge framed in whatever manner it thinks fit.
When shall the Court quash the conviction under the proviso to Section 510(2) BNSS?▼
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.
What changed from Section 464 CrPC to Section 510 BNSS from 1 July 2024?▼
From 1 July 2024, Section 510 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 464 of the Code of Criminal Procedure, 1973. Section 510 BNSS has the same heading and the same text as Section 464 CrPC. Section 510(1) BNSS is in the same words as Section 464(1) CrPC, Section 510(2) BNSS as Section 464(2) CrPC, and the proviso to Section 510(2) BNSS as the proviso to Section 464(2) CrPC.
Section 510 BNSS: Sub-sections Explained
Section 510(1) BNSS: Effect of omission to frame, or absence of, or error in, charge
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Bare Act Text
(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.
Section 510(2) BNSS: Effect of omission to frame, or absence of, or error in, charge
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·