law: Code of Criminal Procedure Act, 1973
  464.Effect of omission to frame, or absence of, or error
  
  in, charge.-
  (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 charges, 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:
  Providedthat 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.