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Home Bare Acts Phrase: omissionCode of Criminal Procedure, 1973 Section 464
Title: Effect of Omission to Frame, or Absence Of, or Error In, Charge
State: Central
Year: 1973
(1) No finding sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charge, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby. (2) If the Court of appeal, confirmation or revision is of opinion that a failure of justice has in fact been occasioned, it may (a) in the case of an omission to frame a charge, order that a charge be framed and that the trial be recommenced from the point immediately after the framing of the charge. (b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit: Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 33
Title: "act", "omission"
State: Central
Year: 1860
The word "act" denotes as well a series of acts as a single act : the word "omission" denotes as well as series of omissions as a single omission.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 465
Title: Finding or Sentence when Reversible by Reason of Error, Omission or Irregularity
State: Central
Year: 1973
(1) Subject to the provisions hereinbefore contained, on 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.
View Complete Act List Judgments citing this sectionOaths Act, 1969 Section 7
Title: Proceedings and Evidence Not Invalidated by Omission of Oath or Irregularity
State: Central
Year: 1969
No omission to take any oath or make any affirmation, no substitution of any one for any other of them, and no irregularity whatever in the administration of any oath or affirmation or in the form in which it is administered, shall invalidate any proceeding or render inadmissible any evidence whatever, in or in respect of which such omission, substitution or irregularity took place, or shall affect the obligation of a witness to state the truth.
View Complete Act List Judgments citing this sectionDangerous Machines (Regulation) Act, 1983 Section 25
Title: Omission or Failure of the Employer to Take out Insurance Policies
State: Central
Year: 1983
(1) In the event of the omission or failure of the employer to take out an insurance policy referred to in section 24 or in the event of the omission, failure or inability of the employer to keep such insurance policy in force or to obtain, from the insurer, any amount required to be paid as compensation to an operator, or to the members of his family or nominee, as the case may be, the employer shall make payment of compensation from his own funds, to the operator, or to the members of his family or his nominee, as the case may be, as soon as possible after the date on which the operator suffers death or dismemberment of limb or other bodily injury but not later than thirty days from such date and on such payment the employer's liability for payment of compensation to the operator or to the members of his family shall stand fully discharged. (2) The discharge of the liability referred to in sub-section (1) shall not take away or abridge the right of, the employer to receive, from the insurer, such payment as may be due to him under the policy of insurance taken out or renewed by him.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 36
Title: Effect Caused Partly by Act and Partly by Omission
State: Central
Year: 1860
Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence. Illustration A intentionally causes Z's death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.
View Complete Act List Judgments citing this sectionKarnataka Excise Act, 1965(Karnataka) Section 28
Title: Technical Defect, Irregularities and Omissions
State: Karnataka
Year: 1965
(1) No licence granted under this Act, shall be deemed to be invalid by reason merely of any technical defect, irregularity or omission in the licence or in any proceeding taken prior to the grant thereof. (2) The decision of the Excise Commissioner as to what is a technical defect, irregularity or omission, shall be final.
View Complete Act List Judgments citing this sectionRailways Act, 1989 Section 153
Title: Endangering Safety of Persons Travelling by Railway by Wilful Act or Omission
State: Central
Year: 1989
If any person by any unlawful act or by any wilful omission or neglect, endangers or causes to be endangered the safety of any person travelling on or being upon any railway, or obstructs or causes to be obstructed or attempts to obstruct any rolling stock upon any railway, he shall be punishable with imprisonment for a term which may extend to five years.
View Complete Act List Judgments citing this sectionRailways Act, 1989 Section 154
Title: Endangering Safety of Persons Travelling by Railway by Rash or Negligent Act or Omission
State: Central
Year: 1989
If any person in a rash and negligent manner does any act, or omits to do what he is legally bound to do, and the act or omission is likely to endanger the safety of any person travelling or being upon any railway, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 32
Title: Words Referring to Acts Include Illegal Omissions
State: Central
Year: 1860
In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.
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