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CrPC Section 386. Powers of the Appellate Court


 
Category of Bare Act Name of the Act Year of Promulgation
Criminal Laws Code of Criminal Procedure 1973
Act Number Enactment Date Chapter Number
02 01-04-1974 29
Chapter Title Ministry Department
Appeals Ministry of Home Affairs Department of Internal Security

After perusing such record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor, if he appears, and in case of an appeal under section 377 or section 378, the accused, if he appears, the

Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may-

(a) In an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;

(b) In an appeal from a conviction-

(i) Reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a court of competent jurisdiction subordinate to such appellate Court or committed for trial, or

(ii) Alter the finding, maintaining the sentence, or

(iii) With or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same;

(c) In an appeal for enhancement of sentence-

(i) Reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a court competent to try the offence,- or

(ii) Alter the finding maintaining the sentence, or

(iii) With or without altering the finding, after the nature or the extent, or the nature and extent, of the sentence, so as to enhance or reduce the same;

(d) In an appeal from any other order, alter or reverse such order;

(3) Make any amendment or any consequential or incidental order that may be just or proper.

Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement:

Provided further that the Appellate Court shall not inflict greater punishment for the offence, which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal.

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Related judgement on CrPC Section 386. Powers of the Appellate Court

Vikas Yadav Vs. State of U.P. and Ors. Etc. Etc. [October 3, 2016], 2016 Latest Caselaw 724 SC State of M.P. Vs. Madanlal [July 1, 2015], 2015 Latest Caselaw 423 SC Nar Singh Vs. State of Haryana [November 11, 2014], 2014 Latest Caselaw 695 SC Surya Baksh Singh Vs. State of Uttar Pradesh [October 07, 2013], 2013 Latest Caselaw 719 SC B. Raghuvir Acharya Vs. Central Bureau of Investigation [July 1, 2013], 2013 Latest Caselaw 434 SC Chinnam Kameswara Rao & Ors. Vs. State of A.P. Rep. by Home Secretary [January 10, 2013], 2013 Latest Caselaw 41 SC Bhimanna Vs. State of Karnataka [September 4, 2012], 2012 Latest Caselaw 471 SC Md.Ankoos & Ors. Vs. Pub.Pros.High Court of A.P. Hyderabad [2009] INSC 1704 (6 November 2009), 2009 Latest Caselaw 893 SC Mahtab Singh & ANR. Vs. State of U.P. [2009] INSC 727 (13 April 2009), 2009 Latest Caselaw 352 SC State of U.P. Vs. Banne @ Baijnath & Ors. [2009] INSC 268 (10 February 2009), 2009 Latest Caselaw 173 SC Popular Muthiah Vs. State [2006] Insc 361 (4 July 2006), 2006 Latest Caselaw 361 SC State of M.P. Vs. Ramdeen & Ors [2005] Insc 591 (24 October 2005), 2005 Latest Caselaw 588 SC State of M.P. Vs. Ram Kumar [2005] Insc 590 (24 October 2005), 2005 Latest Caselaw 587 SC State of M.P. Vs. Badri @ Bhuru [2005] Insc 589 (24 October 2005), 2005 Latest Caselaw 586 SC State of M.P. Vs. Bhura Kunjda [2005] Insc 588 (24 October 2005), 2005 Latest Caselaw 585 SC State of M.P. Vs. Ballare @ Ram Gopal [2005] Insc 579 (20 October 2005), 2005 Latest Caselaw 576 SC State of M.P. Vs. Sangram & Ors [2005] Insc 578 (20 October 2005), 2005 Latest Caselaw 575 SC State of M.P. Vs. Anil [2005] Insc 577 (20 October 2005), 2005 Latest Caselaw 574 SC State of M.P. Vs. Veerendra Singh & Anr [2005] Insc 576 (20 October 2005), 2005 Latest Caselaw 573 SC State of M.P. Vs. Rakesh [2005] Insc 555 (6 October 2005), 2005 Latest Caselaw 553 SC State of M.P. Vs. Dayanand Dohar [2005] Insc 554 (6 October 2005), 2005 Latest Caselaw 552 SC State of M.P. Vs. Sheshrao [2005] Insc 553 (6 October 2005), 2005 Latest Caselaw 551 SC State of M.P. Vs. Rajesh [2005] Insc 552 (6 October 2005), 2005 Latest Caselaw 550 SC State of M.P. Vs. Vilru @ Kamal [2005] Insc 544 (5 October 2005), 2005 Latest Caselaw 542 SC State of M.P. Vs. Killu @ Kailash Vishwakarma [2005] Insc 543 (5 October 2005), 2005 Latest Caselaw 541 SC State of M.P. Vs. Govind [2005] Insc 537 (4 October 2005), 2005 Latest Caselaw 535 SC State of M.P. Vs. Gauri Shankar [2005] Insc 536 (4 October 2005), 2005 Latest Caselaw 534 SC State of M.P. Vs. Mulli [2005] Insc 535 (4 October 2005), 2005 Latest Caselaw 533 SC State of M.P. Vs. Parasram [2005] Insc 534 (4 October 2005), 2005 Latest Caselaw 532 SC State of M.P. Vs. Bala @ Balaram [2005] Insc 524 (3 October 2005), 2005 Latest Caselaw 522 SC

Click here to view all Supreme Court (SC) Judgements on CrPC Section 386. Powers of the Appellate Court