All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

Practice Mode:
12.

Which of the following cases can be cured under section 465 of the code of criminal procedure, 1973 ?

A: Enteraining of complaint without complying with section 195 and 340 of the Cr. P.C
B: The reading and recording of the evidence taken in one case into another companion case
C: The examination of witness in absence of the accused
D: Non Compliance with 235 (2)

The answer is: B

Explanation

The correct option is B: The reading and recording of the evidence taken in one case into another companion case.

This is because this error does not affect the merits of the case or the jurisdiction of the court, and therefore can be cured under section 465 of the code of criminal procedure, 1973.

According to this section, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered by a higher court on account of any error, omission or irregularity in the proceedings, unless it has caused a failure of justice.

The other options are not curable under this section, as they involve serious violations of the rights of the accused or the procedure prescribed by law.

For example, entertaining a complaint without complying with section 195 and 340 of the Cr. P.C is a defect of jurisdiction, which cannot be cured by section 465.

Similarly, the examination of a witness in the absence of the accused is a violation of the principle of natural justice, which cannot be cured by section 465.

Lastly, non-compliance with section 235(2), which requires the court to hear the accused on the question of sentence, is a violation of the fundamental right of the accused, which cannot be cured by section 465. I hope this explanation helps you understand the concept of section 465 of the code of criminal procedure, 1973.