Section 370
Omission to frame charge
(1)
No finding or sentence pronounced or passed is deemed invalid merely on the ground that no charge was flamed unless, in the
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opinion of the Court of Appeal or revision, a failure of justice has been occasioned thereby.
(2)
If the appellate or revising Court thinks that a failure of justice has been occasioned by the omission to frame a charge, it shall order that a charge be framed and that a new trial be held.
Irregularities not to vitiate proceedings 371.
(1)
Subject to the provisions of sections 369 and 370, no finding, sentence or order passed or made by a Court of competent jurisdiction shall be reversed or altered on account of -
(a)
any error, omission or irregularity in the complaint, summons, warrant, charge, judgment or other proceedings before or during trial, or in any inquiry or other proceedings under this
Code;
(b)
the want of any sanction required by section 132;
(c)
the omission to inform an accused person of his rights under section 22 1 ;
(d)
the want of qualification of any assessor;
(e)
the improper admission or rejection of any evidence; or 0 any misdirection in any charge to assessors, unless such error, omission, improper admission or rejection of evidence, irregularity, want or misdirection has occasioned a failure of justice.
(2)
In determining whether any error, omission or irregularity in any proceedings under this Code 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.
Power of Chief Justice to dispense with provisions of Code 372.
Where owing to the illiteracy or lack of understanding of any person against whom any proceedings under this Code are being taken, or for other valid reason, it is not in the opinion of the Chief Justice reasonably necessary or practicable to carry out any provision of this Code, the Chief
Justice may -
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(a)
authorise any Court or Magistrate to dispense with such provision; and
(b)
direct either generally or in any particular case or class of case that any Court or Magistrate shall, notwithstanding any of the provisions of this Code, proceed in such manner as the Chief
Justice shall direct.