Omission In Framing Of Charge Not Fatal By Itself Unless Prejudice Caused To Accused

Case: Kunnamkulam Paper Mills Ltd. and ors v. Securities and Exchange Board of India

Coram: Justice Bharatha Chakravarthy

Case No.: Crl.A.No.626 of 2019

Court Observation: This is a case where, whether the charge is complaining of both Section 24(1) and 24(2) and the only error of the Trial Court was not to mention the Section 24(2) expressly. However, Section 24(2) being an offence of the same genus, no prejudice was caused to the appellants and I hold that the second act committed by the appellants after coming into force of the amendment, would amount to an offence under Section 24(2) of the SEBI Act as amended and therefore, under the amended provision, the Sessions Court was right in trying the offence.

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Keywords

Omission In Framing Of Charge, Prejudice Caused To Accused