Code:
When an appeal is presented under section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any Subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.
Explanation:
Section 390 of the Code of Criminal Procedure (CrPC) states that when a person has been acquitted of an offense, but an appeal against the acquittal has been preferred, the appellate court may, if it considers it necessary for the ends of justice, order that the person be arrested and detained in custody until the disposal of the appeal.
Illustration:
A is accused of murder. He is tried by a Magistrate and acquitted. The prosecution appeals against the acquittal. The Sessions Judge, hearing the appeal, feels that the evidence against A is strong and that there is a real possibility that A might abscond or tamper with evidence if left free. In such a case, the Sessions Judge may order A’s arrest under Section 390 CrPC.
Common Questions and Answers:
Q: Can a person be arrested after being acquitted without any appeal pending?
A: No, Section 390 CrPC only applies when an appeal against the acquittal is pending.
Q: What are the grounds for ordering arrest under this section?
A: The appellate court must consider it necessary for the ends of justice to order the arrest. This usually means there is a strong likelihood of the accused absconding or tampering with evidence.
Q: Can the accused be released on bail after arrest under this section?
A: Yes, the appellate court can grant bail to the accused if it is satisfied that the accused will not abscond or tamper with evidence.
Q: What happens if the appeal is dismissed?
A: If the appeal is dismissed, the accused will be released from custody.
