Section 386 of CrPC : Section 386: Powers Of The Appellate Court

Explanation using Example

Imagine a situation where a person named John was acquitted of theft charges by a trial court. The state, believing the decision to be erroneous, files an appeal under section 377 of The Code of Criminal Procedure, 1973. The appellate court reviews the case records and hears the arguments from the public prosecutor and John's defense attorney.

The appellate court, after reviewing the evidence and hearing the arguments, decides that the acquittal was not justified. The court then applies Section 386(a) of the Code, reverses the order of acquittal, and orders a re-trial for John to ensure a fair reassessment of the evidence against him.