Non-compliance of Section 193 of the Criminal Procedure Code does not vitiate trial: SC

A Large Bench of the Supreme Court of India has clarified that the objection relating to non-compliance of Section 193 of the Criminal Procedure Code (“Code”), which eventually has resulted in directly entertaining and taking cognizance by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, does not vitiate the trial and on the said ground al…one the conviction cannot be set aside or there cannot be a direction of retrial.
The Court observed that “…..raising of any objection in that regard after conviction attracts the applicability of  the principle of ‘failure of justice’ and the convict-appellant becomes obliged in law to satisfy the appellate court that he has been prejudiced and deprived of a fair trial or there has been miscarriage of justice.
Section 193 of the Code provides that “no Court of Session can take cognizance   of any offence as a court of original jurisdiction except as otherwise expressly   provided by the Code or any other law for the time being in force.”

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