CrPC Section 384
⚖️ Section 384 CrPC – Power of Appellate Court to Enhance Sentence
📜 Text of Section 384:
"Where an appeal is preferred from any sentence passed by any criminal court, the appellate court may, if it thinks fit, alter or reverse the sentence passed or may order the accused to be tried afresh by such court or any other court to which the case may be sent."
✅ Explanation in Simple Terms:
🔍 What Section 384 Means:
When an appeal is filed against a sentence given by a criminal court (for example, by the accused or sometimes by the prosecution),
The appellate court has the power to:
Change (alter) the sentence, either making it more severe or less severe,
Reverse the sentence (i.e., overturn the conviction or order),
Or order a fresh trial of the accused by the same or another court.
This means the appellate court is not limited to just reducing a sentence; it can also increase the punishment if it deems fit.
🔹 Key Points:
Who can appeal?
Usually the accused appeals against conviction or sentence; sometimes prosecution appeals.
Power of Appellate Court:
Can modify the sentence passed by the trial court.
Can reverse the decision entirely.
Can order a retrial if needed.
Purpose:
To provide complete appellate jurisdiction to correct errors in trial court decisions.
Scope:
Applies to any criminal court’s sentence.
Empowers the appellate court to ensure justice is done.
🧠 Purpose of Section 384:
To allow appellate courts full power over sentences.
To prevent injustice by letting courts correct mistakes made in sentencing.
To provide flexibility in the appellate process, including retrials if necessary.
📝 Illustration:
Suppose:
A trial court sentences a person to 3 years of imprisonment for theft.
The accused appeals, claiming the sentence is too harsh.
The appellate court, after reviewing, finds the sentence too lenient given the facts.
The court increases the sentence to 5 years under Section 384.
Alternatively, the court may order a fresh trial if procedural irregularities are found.
📌 Important Notes:
This section gives broad appellate powers over sentences.
The appellate court can also reverse acquittals or convictions.
Retrial may be ordered if the court finds the trial flawed or incomplete.
🔗 Related Sections:
Section 372 CrPC: Appeals from convictions or sentences.
Section 386 CrPC: Powers of appellate court to remit case for trial.
Section 389 CrPC: Powers of Appellate Court to suspend or modify sentence pending appeal.
✅ Summary Table:
| Element | Explanation |
|---|---|
| Scope | Appeals against sentences from any criminal court |
| Appellate court powers | Alter, reverse sentence or order fresh trial |
| Purpose | Ensure justice by correcting sentencing errors |
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