Effect of errors.
Querist :
Anonymous
(Querist) 14 June 2011
This query is : Resolved
215. Effect of errors.
No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure.
What does exaclty above section want to say.
PALNITKAR V.V.
(Expert) 17 June 2011
It simply means that any error/ommission in stating the particulars of charge shall not affect the merits of the case unless the error or ommission causes prejudice to the accused in the trial. If the accused knows fully well what case he has to meet and has taken full opportunity in defending himself, then he is now allowed to take benefit of any mistakes in framing of charges against him.
