Section 464 in The Code Of Criminal Procedure, 1973
Section 464 of CRPC “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 recommended 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:
Provided that 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