[537. Finding or sentence when reversible by reason of error or omission in charge or other
proceedings. Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a
Court of competent jurisdiction shall be reversed or altered under Chapter XXVII or on appeal of revision
on account
1
(a) of any error, omission or irregularity in the complaint report by policeofficer under Section 173,
summon, warrant, charge, proclamation, order, judgment or other proceedings before or during
trial or in any inquiry or other proceedings under this Code, or
(b) of any error, omission or irregularity in the mode of trial, including any misjoinder of charges,
unless such error, omission or irregularity has in fact occasioned a failure of justice.
Explanation. In determining whether any error, omission or irregularity in any proceeding under this
Code has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could
and should have been raised at an earlier stage in the proceedings.]
* * * * * * *
2
538. Attachment not illegal, person making same not trespasser for defect or want of form in
proceedings. No 3[attachment] made under this Code shall be deemed unlawful, nor shall any person
making the same be deemed a trespasser, on account of any defect or want of form in the summons,
conviction, writ of 3[attachment] or��other proceedings relating thereto.
____________
CHAPTER XLVI
MISCELLANEOUS
539. Court and persons before whom affidavits may be sworn. Affidavits and affirmations to be used
before any High Court or any officer of such Court may be sworn and affirmed before such Court 4* * * or
any Commissioner or other person appointed by such Court for that purpose or any Judge, or any
Commissioner for taking affidavits in any Court of Record in 5[Pakistan] 6* * *.
1 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. for section 537, which has previously been amended by various enactments.
2 The illustration rep. by the Code of Criminal Procedrue (Amdt.) Act, 1923 (18 of 1923), s. 148.
3 Subs. ibid., s. 149, for “distress”.
4 The words “or the [Clerk of the State]” omitted by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., The words in crotchets were subs. by A.O., 1961, Art. 2 and Sch., for “Clerk of the
Crown” (w.e.f 23.3.1956).
5 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch., (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation”, which
had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”.
6 Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and 2nd Sch.
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