CrPC Section 465: Reversible Errors, Omissions, and Irregularities in Findings or Sentences

This section of the Code of Criminal Procedure (CrPC) deals with the power of a higher court to correct errors, omissions, and irregularities committed by a lower court in its findings or sentences. It empowers the higher court to set aside the judgment of the lower court and pass a new judgment if it finds that the lower court has committed a reversible error.

1. Code

Section 465. Power to alter or reverse findings and sentences.

(1) Subject to the provisions of this Code, the Appellate Court may, when setting aside a conviction, alter or reverse the findings and sentence of the lower court, and substitute a different finding and sentence.

(2) If the Appellate Court finds that the lower court has committed an error or omission in framing the charge, or that the sentence passed is erroneous or otherwise defective, it may amend the charge or alter or reverse the sentence.

(3) No findings of fact, sentence or order passed by a lower court shall be altered or reversed on appeal merely on the ground of error or omission in framing the charge, unless such error or omission has occasioned a failure of justice.

2. Explanation

Section 465 outlines the power of appellate courts in India to rectify errors, omissions, or irregularities in findings and sentences made by lower courts. It grants the appellate court the authority to:

• Alter or reverse the findings and sentence of the lower court, replacing them with a different judgment, when setting aside a conviction.
• Amend the charges or modify the sentence if it finds errors or omissions in the framing of charges or defects in the sentence.

However, the section also emphasizes that mere errors or omissions in framing charges will not automatically lead to an alteration or reversal of the lower court’s findings or sentence, unless it is established that such errors caused a failure of justice.

3. Illustration

Imagine a lower court convicts a person based on insufficient evidence. The appellate court, upon reviewing the case, finds that the lower court’s judgment was based on insufficient evidence and therefore sets aside the conviction. The appellate court can then substitute a different judgment based on its own assessment of the evidence or order a new trial in the lower court.

4. Common Questions and Answers

Q: What types of errors are considered reversible?

A: Reversible errors include those that significantly affect the outcome of the trial, such as errors in the application of law, admission of inadmissible evidence, or procedural violations that prejudice the accused.

Q: What happens if the appellate court finds an error but doesn’t consider it reversible?

A: The appellate court may uphold the lower court’s decision, but it might also issue directions for correcting the error or addressing the omission in future proceedings.

Q: Can the appellate court increase the sentence imposed by the lower court?

A: Generally, the appellate court can only reduce or modify the sentence, not increase it. However, there might be exceptions to this rule under specific circumstances.