Section 368 CrPC: High Court Power to Confirm Sentence or Annul Conviction

Code:

In any case submitted under section 366, the High Court–

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(a) may confirm the sentence, or pass any other sentence warranted by law, or

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(b) may annul the conviction and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge, or

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(c) may acquit the accused person:

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Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.

Explanation:

This section empowers the High Court to review the judgment and sentence of a subordinate court. It allows the High Court to:

• Confirm the sentence passed by the subordinate court.
• Annul the conviction.
• Alter the sentence passed by the subordinate court.
• Order a new trial.

The High Court’s power under Section 368 is exercised through an appeal filed against the judgment and sentence of the subordinate court.

Illustration:

A person is convicted by a Sessions Court for murder and sentenced to death. The convicted person appeals against the judgment and sentence to the High Court. The High Court, after reviewing the evidence and arguments, may:

• Confirm the death sentence.
• Annul the conviction and acquit the accused.
• Reduce the sentence to life imprisonment.
• Order a new trial in the Sessions Court.

Common Questions and Answers:

Q: Who can appeal under Section 368?

A: Any person aggrieved by the judgment and sentence of a subordinate court can appeal to the High Court under Section 368.

Q: What is the time limit for filing an appeal under Section 368?

A: The time limit for filing an appeal under Section 368 is generally 90 days from the date of the judgment and sentence of the subordinate court. However, the High Court may extend the time limit in exceptional circumstances.

Q: What is the procedure for filing an appeal under Section 368?

A: The appeal is filed in the High Court through a written petition, accompanied by a copy of the judgment and sentence of the subordinate court.