Chapter XXIX
Section 386 CrPC: Powers of the Appellate Court
New Law Update (2024)
Section 424 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
386. Powers of the Appellate Court.
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, alter 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;
(e) 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.
Important Sub-Sections Explained
Section 386(a)
This clause empowers the Appellate Court to deal with appeals against an order of acquittal, allowing it to reverse the order, direct further inquiry or retrial, or even find the accused guilty and pass sentence according to law.
Section 386(b), (c) & Provisos
These clauses detail the Appellate Court’s powers in appeals against conviction and appeals for enhancement of sentence, including altering findings and sentences. The crucial provisos ensure that a sentence is not enhanced without giving the accused an opportunity to show cause and limit the maximum punishment to what the original court could have inflicted.
Landmark Judgements
Sanwat Singh v. State of Rajasthan (1961):
This Supreme Court case established key principles for appellate courts dealing with appeals against acquittal, reiterating that the High Court should not re-appreciate evidence and substitute its own view unless the trial court’s view is unreasonable or perverse.
Ghurey Lal v. State of U.P. (2008):
The Supreme Court further clarified the principles governing appellate courts in appeals from acquittal, emphasizing that reversal is justified only if the trial court’s findings are perverse, illegal, or arbitrary, and not merely because another view of the evidence is possible.
State of U.P. v. Banne (2009):
This judgment discussed the extensive powers of the Appellate Court under Section 386 CrPC, particularly concerning the enhancement of sentences and the mandatory requirement of providing the accused an opportunity to show cause against such enhancement.