What is arrest of accused in appeal from acquittal? Appellate Court may take further evidence or direct it to be taken? Section 390 and 391 of Code of Criminal Procedure 1973

Arrest of accused in appeal from acquittal and Appellate Court may take further evidence or direct it to be taken are defined under Section 390 and 391 of CRPC 1973. Provisions under these sections are:

 

Section 390 of CRPC "Arrest of accused in appeal from acquittal"

When an appeal is presented under Section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any Subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.

 

 

 

Section 391 of CRPC "Appellate Court may take further evidence or direct it to be taken"

(1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate, or, when the Appellate Court is a High Court, by a Court of Session or a Magistrate.

(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal.

(3) The accused or his pleader shall have the right to be present when the additional evidence is taken.

(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXIII, as if it were an inquiry

APPEALS

No appeal to lie unless otherwise provided. What is appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour? What is the rule for appeals from convictions? Section 372, 373 and 374 of Code of Criminal Procedure 1973

No appeal in certain cases when accused pleads guilty, No appeal in petty cases. Section 375 and 376 of Code of Criminal Procedure 1973

What is appeal by the State Government against sentence? What is appeal in case of acquittal?. Section 377 and 378 of Code of Criminal Procedure 1973

What is appeal against conviction by High Court in certain cases? What is Special right of appeal in certain cases? What is appeal to Court of Session? how heard Petition of appeal? Section 379, 380, 381 and 382 of Code of Criminal Procedure 1973

What is the procedure when appellant in jail? What is summary dismissal of appeal? What is the procedure for hearing appeals not dismissed summarily? Section 383, 384 and 385 of Code of Criminal Procedure 1973

What are powers of the Appellate Court? What are judgment of Subordinate Appellate Court? Section 386 and 387 of Code of Criminal Procedure 1973

Order of High Court on appeal to be certified to lower Court? What is suspension of sentence pending the appeal; release of appellant on bail? Section 388 and 389 of Code of Criminal Procedure 1973

What is arrest of accused in appeal from acquittal? Appellate Court may take further evidence or direct it to be taken? Section 390 and 391 of Code of Criminal Procedure 1973

What is Procedure where Judges of Court of Appeal are equally divided? What is Finality of judgment and orders on appeal? What is Abatement of appeals? Section 392, 393 and 394 of Code of Criminal Procedure 1973