Section 386 The Code Of Criminal Procedure, 1973

Section 386 in The Code Of Criminal Procedure 1973
386. Power of the Appellate Court. After perusing such record and hearing the appellant or his pleader if he appears and the Public Prosecutor if he appears, and in case of an appeal under section 377 or section 378 the accused if he appears the Appellate Court may if it considers that there is no sufficient ground for interfering dismiss the appeal or may-
(a) in an appeal from an order or acquittal reverse such order and direct that further inquiry be made or that the accused be re-tried or committed for trial as the case may be or find him guilty and pass sentence on him according to law.
(b) in an appeal from a conviction-
(i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial or
(ii) alter the finding maintaining the sentence or
(iii) with or without altering the finding alter the nature or the extent or nature and extent of the sentence but not so as to enhance the Same.
(c) in an appeal for enhancement of sentence-
(i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offense or
(ii) alter the finding maintaining the sentence or
(iii) with or without altering the finding alter the nature of the extent or nature and extent of the sentence so as to enhance or reduce the same.
(d) in an appeal from any other order alter or reverse such order.
(e) make any amendment or any consequential or incidental order that may be just or proper Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement: Provided further that the Appellate Court shall not inflict greater punishment for the offense which in its opinion the accused has committed than might have been inflicted for that offense by the Court passing the order or sentence under appeal.

Complete: the-code-of-criminal-procedure-1973