सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 427

Powers of Appellate Court

Why this exists

This is the master provision defining the full range of an appellate court's powers once it decides to actually engage with an appeal on its merits -- covering acquittal appeals, conviction appeals, sentence-enhancement appeals, and other orders. The built-in limits (no enhancing a sentence without giving the accused a chance to argue, and never exceeding what the original court could have imposed) protect the accused's fundamental fairness rights even as the appellate court exercises very broad corrective power. It continues section 386 of the CrPC, 1973.

How courts read it

When hearing an appeal against acquittal, appellate courts apply well-established caution: they generally do not disturb an acquittal merely because another view of the evidence is possible, but will interfere where the trial court's view was perverse, unreasonable, or ignored crucial evidence -- principles laid down authoritatively by the Supreme Court in Chandrappa v. State of Karnataka (2007), which restated the standards guiding when an appellate court should reverse an acquittal under this kind of power.

Common misconceptions
  • Myth: An appellate court can freely increase any sentence it wants.
    Fact: A sentence can only be increased after giving the accused a chance to argue against enhancement, and the new punishment can never exceed what the original trial court could have legally imposed.