Section 232(1) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(1)If any appellate Court or the High Court in the exercise of its powers of revision or of its powers under Chapter XXVII, is of opinion that any person convicted of an offence was misled in his defence by the absence of a charge or by an error in charge, it shall direct a new trial to be had upon a charged framed in whatever manner it thinks fit.