Section 464 CrPC: Effect of omission to frame, or absence of, or error in, charge

Code of Criminal Procedure, 1973

Section 464 CrPC at a Glance

Section 464 CrPC deals with effect of omission to frame, or absence of, or error in, charge. From 1 July 2024 it is replaced by Section 510 BNSS.

Now BNSS

Section 510 →

What Section 464 CrPC Says

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.

Source: Section 464, Code of Criminal Procedure, 1973

Section 464 CrPC in Simple Words

Section 464 of the Code of Criminal Procedure, 1973 deals with the effect of omission to frame, or absence of, or error in, charge.

Under Section 464(1) CrPC, 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 464(2) CrPC 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 464 CrPC Applies

  • 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.

Time Limits Under Section 464 CrPC

  • 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”

Example of Section 464 CrPC

Ramesh is convicted by a Court of competent jurisdiction, and no charge was framed. The Court of appeal is of opinion that a failure of justice has in fact been occasioned. Under Section 464(2)(a) CrPC, the Court of appeal may order that a charge be framed, and that the trial be recommenced from the point immediately after the framing of the charge.

When Section 464 CrPC Does Not Apply

  • Section 464 CrPC 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 462 CrPC speaks of.
  • Section 464 CrPC 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 465 CrPC speaks of.

Section 464 CrPC Under BNSS 510: What Changed

Section 464 CrPC is now covered under Section 510 BNSS.

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.

View detailed comparison (CrPC 464 vs BNSS 510) →

FAQs on Section 464 CrPC

Is a finding, sentence or order invalid under Section 464 CrPC if no charge was framed?▼

Section 464(1) of the Code of Criminal Procedure, 1973 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 464(2) CrPC?▼

Under Section 464(2) CrPC, 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 464(2) CrPC?▼

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.

Where is Section 464 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

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.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·