Misdirection - Definition - Law Dictionary Home Dictionary Definition misdirection

Definition :

Misdirection, an error in law made by a judge in charging a jury. See R.S.C. Ord. XXXIX., and NEW TRIAL.

--is something which a judge in his charge tells the jury and is wrong or in a wrong manner tending to mislead them. Even an omission to mention matters which are essential to the prosecution for the defence case in order to help the jury to come to a correct verdict may also in certain circumstances amount to a misdirection. But, in either case, every misdirection or non-direction is not in itself sufficient to set aside a verdict, but it must be such that it has occasioned a failure of justice, K.M. Nanavati v. State of Maharashtra, AIR 1962 SC 605 (616): 1962 Supp (1) SCR 567. (Criminal PC 1898, s. 297)