CrPC Section 338
Section 338 of the Criminal Procedure Code (CrPC), India
Text of Section 338 (in simple terms):
“Whenever the High Court or any Court of Session is satisfied that a person convicted of an offence has been wrongfully acquitted or convicted or has been sentenced wrongly, it may call for the case and pass such order as it thinks fit.”
Detailed Explanation:
Purpose of Section 338:
Section 338 provides power to higher courts (High Court or Court of Session) to review or correct a case where a lower court’s decision has been flawed, particularly in cases of wrongful acquittal or conviction. This ensures that justice is properly served and errors at trial or lower court level can be corrected.
Who Can Invoke This Section?
This is not invoked by individuals directly.
It is applied by the High Court or Court of Session themselves when they are satisfied that a miscarriage of justice has occurred in a criminal case.
When Does It Apply?
Wrongful Conviction: When an innocent person has been convicted due to an error of law, fact, or procedure.
Wrongful Acquittal: When a guilty person is acquitted due to oversight, improper judgment, or other reasons.
Wrongful Sentence: When the punishment awarded is incorrect—either too harsh or too lenient.
Procedure Under Section 338:
The High Court or Court of Session examines the case records from the lower court.
If satisfied that the decision was wrong, the court may call for the records and pass appropriate orders.
Orders may include:
Quashing the conviction or acquittal.
Directing a retrial.
Correcting the sentence.
Difference Between Section 338 and Regular Appeals:
Appeals are usually initiated by the aggrieved party (prosecution or accused).
Section 338 can be applied suo motu (on the court’s own motion) or during appellate proceedings when the higher court notices errors of justice.
It acts as a safeguard against miscarriage of justice.
Significance:
Protects innocent persons from wrongful punishment.
Ensures guilty persons do not escape justice due to procedural or judicial errors.
Strengthens the credibility of the criminal justice system.
Example to Illustrate:
Suppose a trial court wrongly acquits a person of theft due to misreading evidence.
Later, during an appeal or review, the High Court notices the evidence clearly proves guilt.
Under Section 338, the High Court can call for the case records and direct the lower court to convict the person correctly.
✅ In short:
Section 338 empowers higher courts to step in when justice has been miscarried—either wrongful acquittal, conviction, or sentencing—and to rectify the mistake.
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