Section 465 of CrPC : Section 465: Finding Or Sentence When Reversible By Reason Of Error, Omission Or Irregularity

Explanation using Example

Imagine a scenario where an individual, Mr. Sharma, is convicted of theft. During his trial, it was discovered that there was a minor error in the summons issued to him; the date of the alleged crime was recorded incorrectly. Mr. Sharma's lawyer appeals the conviction, arguing that this error affected the trial's outcome. Upon reviewing the case, the appellate court notes that despite the incorrect date, the evidence against Mr. Sharma was overwhelming, and the error did not mislead or prejudice him in any manner. According to Section 465 of The Code of Criminal Procedure, 1973, the appellate court decides not to reverse the conviction, as the error in the summons did not result in a failure of justice. The court also observes that Mr. Sharma's lawyer did not raise this issue at the earliest possible stage, which they should have done according to subsection (2) of the same section.