Power of High Court to confirm sentence or annul conviction
AI Assist
Summary
When a case is brought to the High Court for review from a lower court, the High Court can confirm the sentence or pass any other lawful sentence. It can also set aside the conviction and either convict for a different offence, order a new trial on the same or an amended charge, or acquit. The Court cannot confirm a sentence until the time allowed for appeal has expired, or any appeal filed in that period is decided.
Example
Priya was convicted by a Sessions Court and sentenced to one year imprisonment. Her case was sent to the High Court for review. The High Court annulled the conviction and ordered a new trial on an amended charge.
Bare Act
Enacted textIn any case submitted under section 407, the High Court-
-
(a) may confirm the sentence, or pass any other sentence warranted by law; or
-
(b) may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge; or
-
(c) may acquit the accused person:
Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.
Previous year papers
Pick your exam. we'll email the most recent paper.