A Comparative Analysis Of Provision Of Retrial Under Code Of Criminal Procedure 1973

Punya K.K, LL.B, CMR Law School, Bangalore

ABSTRACT

The appeal court has the power to order a retrial of the case by a court of competent jurisdiction subordinate to the appellate court under Section 386 of the Criminal Procedure Code, 1973 (CrPc). Despite the fact that the term “retrial” appears in Section 386 (b) of the CrPc. the powers provided by this provision are to be employed only in exceptional instances, where the appellate court is satisfied that the omission or irregularity resulted in a failure of justice. The exercise of the power of retrial under Section 386 (b) of the CrPc is dependent on the facts and circumstances of each case, for which no attracts interest method can be devised. However, the appeal court must keep in mind that, while protecting an accused's right to a fair trial and due process, the people who seek protection from the law do not lose faith in the legal system, and the interests of society are not entirely overlooked.

Keywords: Retrial, Section 386 Crpc, Exceptional cases, section 391 crpc.