CrPC Section 388: High Court Order on Appeal Certification to Lower Court

1. Code

CrPC Section 388 deals with the procedure for the High Court to certify an appeal to a lower court when the appeal is dismissed by the High Court.

2. Explanation

This section allows the High Court, after dismissing an appeal, to certify the appeal to a lower court for further proceedings. This certification is usually done when:

• The High Court finds that the lower court has made a substantial error of law or procedure.
• The High Court deems it necessary in the interest of justice to allow further investigation or evidence.
• The High Court feels that the lower court is in a better position to determine the facts of the case.

3. Illustration

Suppose ‘A’ appeals against a lower court’s judgment in the High Court. The High Court dismisses the appeal, finding no merit in it. However, the High Court notices that the lower court had incorrectly interpreted a crucial provision of law. In such a case, the High Court can certify the appeal back to the lower court under Section 388 for fresh consideration, directing the lower court to reconsider the judgment based on the correct interpretation of the law.

4. Common Questions and Answers

Q: Who can certify an appeal under Section 388?

A: Only the High Court can certify an appeal back to the lower court.

Q: What happens when an appeal is certified back to the lower court?

A: The lower court will have to reconsider the case based on the High Court’s order and the certified appeal. It can then either confirm its original judgment or pass a fresh judgment based on the High Court’s directives.

Q: Can a party appeal against the High Court’s order certifying the appeal to the lower court?

A: No, there is no provision for appealing against the High Court’s order under Section 388.