Code of Criminal Procedure, 1898 — Section 535: Effect of omission to prepare charge

535. Effect of omission to prepare charge.__ (1) No finding or sentence pronounced or passed shall be deemed invalid merely on the ground that no charge was framed, unless, in the opinion of the Court of appeal or revision, a failure of justice has in fact been occasioned thereby.

(2)If the Court of appeal or revision thinks that a failure of justice has been occasioned by an omission to frame a charge, it shall order that a charge be framed, and that the trial be recommenced from the point immediately after the framing of the charge. Explanation.__ In determining whether any error, omission or irregularity in any proceeding 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.] 1 [* * * * * * *] 538. Attachment not illegal, person making same not trespasser for defect or want of form in proceedings. No 2[attachment] made under this Code shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of 2[attachment] or other proceedings relating thereto. CHAPTER XLVI MISCELLANEOUS