Code
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.
Explain it
Section 386 outlines the powers of an appellate court when hearing an appeal against a conviction or order passed by a subordinate court. It empowers the appellate court to:
- Confirm the conviction or order.
- Set aside the conviction or order.
- Alter the conviction or order.
- Pass any sentence that the subordinate court could have passed.
- Order the acquittal of the accused.
- Order a new trial.
Illustrate it
Suppose a person is convicted by a lower court for theft and sentenced to imprisonment. The convicted person appeals to a higher court. The appellate court, after reviewing the case, can:
- Confirm the conviction and sentence if it finds the conviction and sentence justified.
- Set aside the conviction and sentence if it finds the lower court’s judgment erroneous or based on insufficient evidence.
- Alter the conviction by changing the offense to a lesser charge, or reduce the sentence if it finds the sentence too harsh.
- Order the acquittal of the accused if it finds no evidence to support the charges.
- Order a new trial if it finds that the lower court proceedings were unfair or lacked proper evidence.
Common Questions and Answers
Q: What are the grounds for appeal under Section 386?
A: An appeal can be filed against any conviction or order passed by a subordinate court based on grounds of:
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- Error of law.
- Error of fact.
- Improper procedure.
- Inadequate evidence.
- Harshness of sentence.
Q: Can an appellate court enhance the sentence passed by the lower court?
A: Yes, under certain circumstances, an appellate court can enhance the sentence. However, this can only be done if the appellate court finds that the lower court’s sentence was inadequate or lenient, considering the gravity of the crime and the evidence presented.
Q: What is the difference between an appeal and a revision?
A: An appeal is filed against the conviction or order of a subordinate court, while a revision is a petition filed directly to a higher court challenging the proceedings of a lower court for any error of law or procedure.
