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Code of Criminal Procedure, 1973

Section 368

Power of High Court to confirm sentence or annul conviction

Quick Answer Reference: Section 368 CrPC

  • Provision: Section 368 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 368 of CrPC say?

In any case submitted under section 366, the High Court; may confirm the sentence, or pass any other sentence warranted by law, or 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 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.

Indian StandardSection 368, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 368 (India)
Court Pleading StandardSection 368 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/368

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 368 CrPC

What is Section 368 of CrPC?

Section 368 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Power of High Court to confirm sentence or annul conviction". The section states: In any case submitted under section 366, the High Court; may confirm the sentence, or pass any other sentence warranted by law, or may annul the conviction, and convict the a...

What is the punishment under Section 368 of CrPC?

Section 368 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 368 of CrPC bailable or non-bailable?

Whether Section 368 of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 368 CrPC

2014 8 SCC 273

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

2013 2 SCC 1

Supreme Court of India