CrPC Section 386
⚖️ Section 386 CrPC – Power of Appellate Court to Send Case for Trial or Further Trial
📜 Text of Section 386:
"If the High Court, or the Court of Session, after hearing the appeal or on perusal of the record, is of opinion—
(a) that the offence with which the accused is charged cannot be tried by the court which tried the accused; or
(b) that the accused ought to be tried for some other offence which the court which tried him had no jurisdiction to try,
the court shall, instead of deciding the appeal, direct that the accused be tried by the competent court or that he be further tried by the court which tried him, or as the case may be, by such other competent court, and may make such order for the custody, detention, or bail of the accused as it thinks fit."
✅ Explanation in Simple Terms:
🔍 What Section 386 Means:
When the High Court or Sessions Court hears an appeal, it reviews the case.
If during the appeal, the court finds that:
(a) The offence the accused was charged with cannot be tried by the court that originally tried the accused (i.e., the trial court lacked jurisdiction over that offence), or
(b) The accused should actually be tried for a different offence, which the original trial court did not have jurisdiction to try,
Then the appellate court does not decide the appeal immediately.
Instead, it orders that the accused be tried again by a court that has proper jurisdiction:
Either the same court (if it can do a further trial for the offence),
Or a different competent court.
The appellate court may also decide on custody, bail, or detention of the accused during this process.
🔹 Key Points:
Appellate Court’s Power:
The High Court or Sessions Court can send the accused for trial or further trial if jurisdictional issues arise.
Why send for trial/further trial?
To correct a situation where the trial court did not have jurisdiction over the offence actually charged or a related offence.
Effect:
The appeal is not decided immediately.
The accused faces trial in the proper court.
Custody/Bail:
The appellate court can order custody, detention, or bail pending the fresh trial.
🧠 Purpose of Section 386:
To ensure trials happen in the correct court with proper jurisdiction.
To avoid wrongful conviction or acquittal due to jurisdictional errors.
To allow retrial in appropriate forums without dismissing the case outright.
📝 Illustration:
Suppose:
An accused was tried by a Magistrate for an offence which should have been tried only by the Sessions Court.
The Sessions Court hears an appeal.
It finds the Magistrate had no jurisdiction to try that offence.
Instead of deciding the appeal, the Sessions Court orders a retrial in the competent Sessions Court.
The accused is sent for trial again with appropriate custody or bail orders.
📌 Important Notes:
Section 386 applies during the appeal stage.
It ensures jurisdictional errors are corrected.
It prevents miscarriage of justice due to wrong forum trials.
🔗 Related Sections:
Section 378 CrPC: Jurisdiction of Magistrates and Sessions Courts.
Section 395 CrPC: Powers of Appellate Courts in appeals.
Section 452 CrPC: Destruction or disposal of property (related to trial powers).
✅ Summary Table:
| Element | Explanation |
|---|---|
| When applicable | During appeal before High Court or Sessions Court |
| Issue addressed | Trial court lacked jurisdiction over the offence charged |
| Appellate court’s action | Direct accused to be tried/further tried by competent court |
| Additional powers | Can order custody, detention, or bail during trial |
RELATED Blog
0 comments