CrPC Section 386 — Powers of the Appellate Court

CHAPTER XXIX APPEALS

General

Summary

After reviewing the record and hearing the appellant or their lawyer, if they appear, and the Public Prosecutor, if they appear, the Appellate Court may dismiss the appeal if it finds no sufficient ground to interfere. In an appeal under section 377 or 378, it must also hear the accused if they appear.

Under clause (a), in an appeal against an order of acquittal, the Appellate Court may reverse the order and direct further inquiry, a retrial or commitment for trial, as appropriate; or find the accused guilty and sentence them according to law.

Under clause (b), in an appeal against a conviction: (i) the Court may reverse the finding and sentence and acquit or discharge the accused, order a retrial by a competent subordinate Court, or order commitment for trial; (ii) it may alter the finding while keeping the sentence; or (iii) with or without altering the finding, it may alter the nature or extent of the sentence, or both, but may not increase the sentence.

Under clause (c), in an appeal seeking an increased sentence: (i) the Court may reverse the finding and sentence and acquit or discharge the accused, or order a retrial by a Court competent to try the offence; (ii) it may alter the finding while keeping the sentence; or (iii) with or without altering the finding, it may alter the nature or extent of the sentence, or both, to increase or reduce it.

Under clause (d), in an appeal against any other order, the Court may alter or reverse that order.

Under clause (e), the Court may make any amendment or consequential or incidental order that is just or proper.

Under the first proviso, the Court may not increase the sentence unless the accused has had an opportunity to show cause against the increase.

Under the second proviso, the Court may not impose a punishment greater than the punishment that the Court whose order or sentence is under appeal could have imposed for the offence the Appellate Court considers the accused committed.

Official 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.

Sections referred to

Referred to by

Related Judgments

  • SACHIN vs STATE OF MAHARASHTRA — Supreme Court of India (2025)
  • MUSKAN vs STATE (GOVT. OF NCT OF DELHI) & ANR — Delhi High Court (2026)
  • SURYA BAKSH SINGH vs STATE OF UTTAR PRADESH — Supreme Court of India (2013)
  • SUDERSHAN SINGH WAZIR vs STATE (NCT OF DELHI) & ORS — Supreme Court of India (2025)
  • SATYAVIR SINGH RATHI vs STATE THR. C.B.I — Supreme Court of India (2011)
  • POPULAR MUTHIAH vs STATE OF TAMIL NADU — Supreme Court of India (2006)

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