CrPC Section 382
CrPC Section 382 – Power of Appellate Court to Order Retrial or to Resend Case for Trial
🔹 What does Section 382 say?
Section 382 empowers an appellate court to take certain actions after an appeal against an order or sentence from a lower court. Specifically, the appellate court can:
Order a retrial of the case by the same court, or
Send the case to another magistrate or court for trial or retrial.
This may happen if the appellate court finds that the original trial was defective or incomplete in some way.
🔹 Key Provisions
Power to Order Retrial:
The appellate court can order the same magistrate or court to conduct a new trial if it believes the previous trial was flawed.
Power to Transfer the Case:
Alternatively, the appellate court can send the case to another magistrate or court to conduct the trial or retrial.
Purpose:
This section ensures that justice is done if the appellate court is not satisfied with the original trial's conduct or outcome.
🔹 When is Section 382 invoked?
When an appeal is filed against a conviction or order.
If the appellate court finds errors, irregularities, or incompleteness in the trial.
If the evidence needs to be reheard or the trial needs to be conducted again.
🔹 Relation to Other Sections
Works alongside Sections 372 and 373 CrPC, which deal with the powers of appellate courts generally.
Complemented by Section 386, which gives appellate courts power to pass any order warranted by the case after hearing the appeal.
🔹 Example
Suppose a person is convicted in a trial court, and the person appeals the conviction. The appellate court, upon review, finds that the trial court did not properly examine key witnesses or there was some procedural irregularity. Under Section 382, the appellate court can order the trial court to conduct a retrial or send the case to another court for retrial to ensure fairness.
🔹 Summary
| Aspect | Details |
|---|---|
| Who can exercise power? | Appellate court |
| What powers? | Order retrial by same court or send case for trial to another court |
| Purpose | Remedy flawed or incomplete trial |
| Application | After appeal against conviction or order |
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