(1)A judgment, sentence or order pronounced or passed is not invalid merely because no charge was framed, unless the appellate court is of the opinion that it has caused a failure of justice.
Section history
Section 391 — Omission to frame charge
As in force on 31 December 2021.
Timeline 3 versions
The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.
(2)If the appellate court is of such opinion, the appellate court must order a new trial.