CrPC 386 — Powers of the Appellate Court

Code of Criminal Procedure, 1973

Statutory text

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  or  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.

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