Section 465 CrPC: Finding or sentence when reversible by reason of error, omission or irregularity

Code of Criminal Procedure, 1973

Section 465 CrPC at a Glance

Section 465 CrPC deals with finding or sentence when reversible by reason of error, omission or irregularity. From 1 July 2024 it is replaced by Section 511 BNSS.

Now BNSS

Section 511 →

What Section 465 CrPC Says

465. Finding or sentence when reversible by reason of error, omission or irregularity

(1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby.

(2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

Source: Section 465, Code of Criminal Procedure, 1973

Section 465 CrPC in Simple Words

Section 465 of the Code of Criminal Procedure, 1973 speaks of a finding, sentence or order passed by a Court of competent jurisdiction.

Subject to the provisions hereinbefore contained, it shall not be reversed or altered by a Court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings, unless in the opinion of that Court a failure of justice has in fact been occasioned thereby.

In determining that, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

When Section 465 CrPC Applies

  • Section 465(1) CrPC is subject to the provisions hereinbefore contained.
  • It speaks of a finding, sentence or order passed by a Court of competent jurisdiction.
  • The finding, sentence or order shall not be reversed or altered on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial.
  • The exception is where, in the opinion of that Court, a failure of justice has in fact been occasioned thereby.
  • Under Section 465(2) CrPC, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

Example of Section 465 CrPC

Rakesh is convicted and sentenced by a Court of competent jurisdiction. On appeal, an error is found in the summons issued before trial. Section 465(1) CrPC says the sentence shall not be reversed or altered by the Court of appeal on account of that error, unless in the opinion of that Court a failure of justice has in fact been occasioned thereby. Under Section 465(2) CrPC, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

When Section 465 CrPC Does Not Apply

  • Section 465 CrPC speaks of errors, omissions or irregularities in the complaint, summons, warrant, proclamation, order, judgment or other proceedings. It does not deal with irregularities which vitiate proceedings, which are the subject of Section 461 CrPC.
  • Section 465 CrPC speaks of the reversal or alteration of a finding, sentence or order. It does not deal with the bar to taking cognizance after lapse of the period of limitation, which is the subject of Section 468 CrPC.

Section 465 CrPC Under BNSS 511: What Changed

Section 465 CrPC is now covered under Section 511 BNSS.

Section 511 BNSS has the same heading as Section 465 CrPC. Section 511(1) BNSS and Section 511(2) BNSS read under this Sanhita where Section 465(1) CrPC and Section 465(2) CrPC read under this Code. The other words read the same.

View detailed comparison (CrPC 465 vs BNSS 511) →

FAQs on Section 465 CrPC

When may a finding, sentence or order be reversed or altered on account of an error under Section 465(1) CrPC?▼

Section 465(1) CrPC says no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation or revision on account of any error, omission or irregularity, unless in the opinion of that Court a failure of justice has in fact been occasioned thereby.

What must the Court have regard to under Section 465(2) CrPC?▼

In determining whether a failure of justice has been occasioned, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

Does Section 465 CrPC speak of an error in a sanction for the prosecution?▼

Yes. Section 465(1) CrPC speaks of any error or irregularity in any sanction for the prosecution, and Section 465(2) CrPC speaks of the same in determining whether a failure of justice has been occasioned.

Where is Section 465 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 465(1) CrPC is found in Section 511(1) BNSS and Section 465(2) CrPC in Section 511(2) BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·