Code
Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 377, section 378, sub-section (4) of section 384 or Chapter XXX:
Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,
(a) an appeal against acquittal under section 378, arising out of the same case, or
(b) an appeal for the enhancement of sentence under section 377, arising out of the same case.
Explanation
This section dictates that once an appeal is decided by the appellate court, the judgment or order passed by that court becomes final and binding. No further appeals can be filed against this judgment or order, except in cases where an appeal is specifically allowed by law.
The section further clarifies that if a case is transferred from one High Court to another, the judgment or order passed by the latter court is considered final and binding. This principle ensures that judicial decisions are respected and implemented effectively, preventing prolonged litigation.
Illustration
Imagine a situation where “A” is convicted by a Magistrate’s court for theft. “A” appeals this conviction to the Sessions Court. The Sessions Court upholds the conviction. Now, “A” wants to appeal to the High Court. However, Section 393 CrPC states that the Sessions Court’s judgment is final, and no further appeal is permitted unless specifically allowed by law. Therefore, “A” cannot appeal to the High Court.
Common Questions and Answers
Q: Does Section 393 CrPC completely bar all further appeals?
A: No. There are exceptions to the finality rule. For example, the Supreme Court has the power to hear appeals from High Courts in certain cases.
Q: What happens if a case is transferred between High Courts?
A: The judgment or order passed by the High Court to which the case is transferred becomes final and binding.
Q: Does Section 393 CrPC apply to all judgments and orders?
A: This section applies to judgments and orders passed by appellate courts, but it does not apply to decisions of trial courts.
