Section 386 CrPC: Powers of the Appellate Court in India – Code of Criminal Procedure
1. State the Code
Section 386 of the Code of Criminal Procedure, 1973 (CrPC) deals with the powers of an appellate court in India.
2. Explain it
Section 386 outlines the powers of an appellate court when hearing an appeal against a conviction or order passed by a subordinate court. It empowers the appellate court to:
- Confirm the conviction or order.
- Set aside the conviction or order.
- Alter the conviction or order.
- Pass any sentence that the subordinate court could have passed.
- Order the acquittal of the accused.
- Order a new trial.
3. Illustrate it
Suppose a person is convicted by a lower court for theft and sentenced to imprisonment. The convicted person appeals to a higher court. The appellate court, after reviewing the case, can:
- Confirm the conviction and sentence if it finds the conviction and sentence justified.
- Set aside the conviction and sentence if it finds the lower court’s judgment erroneous or based on insufficient evidence.
- Alter the conviction by changing the offense to a lesser charge, or reduce the sentence if it finds the sentence too harsh.
- Order the acquittal of the accused if it finds no evidence to support the charges.
- Order a new trial if it finds that the lower court proceedings were unfair or lacked proper evidence.
4. Common Questions and Answers
Q: What are the grounds for appeal under Section 386?
A: An appeal can be filed against any conviction or order passed by a subordinate court based on grounds of:
-
- Error of law.
- Error of fact.
- Improper procedure.
- Inadequate evidence.
- Harshness of sentence.
Q: Can an appellate court enhance the sentence passed by the lower court?
A: Yes, under certain circumstances, an appellate court can enhance the sentence. However, this can only be done if the appellate court finds that the lower court’s sentence was inadequate or lenient, considering the gravity of the crime and the evidence presented.
Q: What is the difference between an appeal and a revision?
A: An appeal is filed against the conviction or order of a subordinate court, while a revision is a petition filed directly to a higher court challenging the proceedings of a lower court for any error of law or procedure.
