Description

No finding, sentence, or order passed by a Court of competent jurisdiction shall be deemed invalid solely on the ground that no charge was framed, or due to 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 been caused thereby.

If the Court of appeal, confirmation, or revision determines that a failure of justice has occurred, it may:

1. In the case of an omission to frame a charge, order that a charge be framed and the trial recommenced from the point immediately after the framing of the charge.
2. In the case of an error, omission, or irregularity in the charge, direct that a new trial be held with a charge framed in any manner it deems fit.

Provided, however, that if the Court concludes the facts of the case are such that no valid charge could be framed against the accused based on the proven facts, it shall quash the conviction.