Code of Criminal Procedure, 1973 · Chapter XXIX: Appeals
Section 390: Arrest of accused in appeal from acquittal
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
When an appeal against acquittal is filed under section 378, the High Court can issue a warrant for the accused's arrest, and the court they are brought before can commit them to prison or grant bail pending the appeal.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 390
-
Sudershan Singh Wazir v. State (NCT of Delhi) & Ors.
Issue arose as regards the correctness of orders passed by the High Court staying the discharge of the accused and directing him to surrender before the trial court.
- Bimalendu Ghosh Dastidar v. State & Ors
- Harendra Rai v. The State of Bihar & Ors.
- Amin Khan v. State of Rajasthan and Ors.