'Minor defects in order or judgement will not rescue a prosecution which is void ab initio. Explain.

Where there is any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgement or other proceedings in a trial or in commencing a prosecution, it will not affect any finding, sentence or order passed by a Court of competent jurisdiction. The above protection has been enshrined in section 465 of the Code of Criminal Procedure, 1973 (CrPC). As held by many High Courts, if there is any defect in compliance of the requirements of section 251 of CrPC, such as a mere omission to state the particulars of an offence to an accused, such defect cannot be construed to be fatal to the case and it is not an illegality to vitiate the trial, provided no prejudice can be shown to have been caused to the accused. Such defect may be mere omission or irregularity curable under section 465 of CrPC. However, it should be mentioned that the above protection will not rescue a prosecution which is void ab initio.