Section 386 CrPC: Powers of the Appellate Court

What Section 386 CrPC Says

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.

Source: Section 386, Code of Criminal Procedure, 1973

Section 386 CrPC in Simple Words

When Section 386 CrPC Applies

• Under Section 386 CrPC, the Appellate Court acts after perusing the record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor if he appears.
• Under Section 386 CrPC, in case of an appeal under Section 377 CrPC or Section 378 CrPC, the accused is also heard, if he appears.
• Under Section 386 CrPC, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal.
• Under Section 386(a) CrPC, in an appeal from an order of acquittal, the Appellate Court may 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.
• Under Section 386(b) CrPC, in an appeal from a conviction, the Appellate Court may 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 alter the finding, maintaining the sentence, or alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same.
• Under Section 386(c) CrPC, in an appeal for enhancement of sentence, the Appellate Court may 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 alter the finding maintaining the sentence, or alter the nature or the extent, or the nature and extent, of the sentence, so as to enhance or reduce the same.
• Under Section 386(d) CrPC and Section 386(e) CrPC, the Appellate Court may, in an appeal from any other order, alter or reverse such order, and may make any amendment or any consequential or incidental order that may be just or proper.

Example of Section 386 CrPC

When Section 386 CrPC Does Not Apply

• Section 386 CrPC speaks of the powers of the Appellate Court. It does not deal with the procedure for hearing appeals not dismissed summarily, the subject of Section 385 CrPC.
• Section 386 CrPC speaks of the powers of the Appellate Court. It does not deal with the judgments of a subordinate Appellate Court, the subject of Section 387 CrPC.

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FAQs on Section 386 CrPC

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