Cognizance of Offence -- Wrong Statutory Provision Invoked -- Error curable where Magistrate has power to take cognizance under other applicable provisions
Criminal Procedure Code, 1973, S.465 -- Cognizance of Offence -- Wrong Statutory Provision Invoked -- Curable where the Magistrate otherwise possesses jurisdiction to take cognizance under the correct or other applicable provisions of the complaint. Cognizance is taken of an offence and not of a particular statutory provision, and citing a wrong penal section does not invalidate proceedings unless it results in failure of justice.
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