CrPC Section 372
CrPC Section 372 – Powers of Appellate Court
🔹 What does Section 372 say?
Section 372 outlines the powers of the appellate court when hearing an appeal from a lower court’s decision. This section grants the appellate court wide powers to deal with the case as it thinks fit after considering the appeal.
🔹 Key Powers of the Appellate Court under Section 372
When an appeal is preferred against an order or sentence, the appellate court may:
Confirm, reverse, or modify the decision of the lower court.
Order a retrial of the case by the same court (which ties into Section 382).
Send the case to another court for trial or retrial.
Pass any other order that it deems proper in the circumstances of the case.
🔹 Purpose of Section 372
To empower appellate courts with flexibility to ensure justice.
To allow correction of errors, irregularities, or injustices committed by lower courts.
To safeguard the rights of the accused and other parties by enabling a fair review of decisions.
🔹 When is Section 372 applied?
Whenever an appeal is made against a conviction, sentence, or order passed by a subordinate court.
The appellate court reviews the case record and evidence and decides what action to take.
This section is the basis for appellate courts to alter or annul decisions or order new proceedings.
🔹 Relation to Other Sections
Section 373 CrPC: Governs appeals against acquittals and the powers of appellate courts in such cases.
Section 382 CrPC: Specifically empowers the appellate court to order retrial or send case to another court.
Section 386 CrPC: Authorizes the appellate court to pass any judgment or order warranted by the case after hearing the appeal.
🔹 Example
If a magistrate convicts a person and sentences them to imprisonment, and the accused appeals, the appellate court under Section 372 can:
Uphold the conviction and sentence,
Acquit the accused,
Reduce or enhance the sentence,
Order a retrial,
Or send the case to another court for fresh trial.
🔹 Summary
| Aspect | Details |
|---|---|
| Court exercising power | Appellate court |
| Powers | Confirm, reverse, modify, order retrial, send case to other court, pass any other appropriate order |
| Purpose | Ensure justice by reviewing lower court decisions |
| When applied | On appeal from lower courts |
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