Section 371 CrPC: High Court Confirmation Procedure
1. State the code
Section 371 of the Code of Criminal Procedure (CrPC) deals with the confirmation of certain orders by the High Court.
2. Explain it
Section 371 lays down the procedure for the High Court to confirm certain orders passed by lower courts. This confirmation is required in specific cases, such as when a Magistrate has passed an order:
- Imposing a sentence of death or imprisonment for life.
- Ordering the confiscation of property.
- Ordering the removal of a public nuisance.
The High Court can either confirm the order, modify it, or set it aside. The High Court’s decision is final and binding on all parties.
3. Illustrate it
For example, if a Magistrate convicts a person of murder and sentences them to death, the Magistrate must refer the case to the High Court for confirmation. The High Court will then review the evidence and decide whether to confirm the sentence, modify it (for example, to life imprisonment), or set it aside.
4. Common Questions and Answers
Q: What is the purpose of Section 371 CrPC?
A: This section ensures judicial scrutiny of serious orders passed by lower courts, safeguarding against potential miscarriage of justice and ensuring due process.
Q: What happens if the High Court does not confirm the order?
A: If the High Court does not confirm the order, it will be set aside. This means that the order will be invalid, and the Magistrate will have to reconsider the case.
Q: Can the accused appeal the High Court’s decision?
A: Yes, the accused can appeal the High Court’s decision to the Supreme Court. However, this right to appeal is subject to certain limitations and requirements.
