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Section 388 — Order of High Court on appeal to be certified to lower Court
388
388
Order of High Court on appeal to be certified to lower Court
Code of Criminal Procedure, 1973
Chapter XXIX Appeals
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
AppealsCourt ProcedureLegal Rights
🗣️ Simple Explanation
What does this law say? Section 388 of the CrPC explains how the High Court sends its decisions after an appeal. The High Court sends its judgment to the lower court that made the original decision.
Why does this law exist? It ensures that the lower court knows the High Court's decision. This helps implement the High Court's orders. It keeps the legal process organized.
Real-life impact If you appeal to the High Court, this section ensures the lower court is informed of the outcome. The lower court then follows the High Court's orders. This ensures the correct legal actions are taken.
What happens if you break this law? This section doesn't define a crime. It deals with the process of sending court orders. It doesn't have a specific punishment. It ensures the proper communication of court decisions.
💡 Real Life Example

Priya appeals her case to the High Court. The High Court sends its decision to the lower court. The lower court then adjusts its records. Rahul is convicted and appeals. The High Court's order is sent to the trial court. The trial court follows the High Court's instructions. Amit is on bail and appeals. The High Court's order is sent, and the lower court adjusts accordingly.

🛡️ KNOW YOUR RIGHTS
  • •Know that the High Court's decision will be communicated to the lower court.
  • •Understand that the lower court will follow the High Court's orders.
  • •Seek legal help to understand the process.
  • •If you are wrongly accused, appeal to a higher court.
❓ FREQUENTLY ASKED QUESTIONS
Section 388 of the CrPC describes how the High Court communicates its decisions after an appeal. The High Court sends its judgment or order to the lower court that originally handled the case. This ensures the lower court is aware of the High Court's decision and can take appropriate action. This process maintains the integrity of the legal system.
Section 388 itself does not define any punishment. It only describes the process of communicating court orders. The punishment depends on the original crime and the decision of the High Court. The High Court can alter the original sentence, order a retrial, or acquit the accused.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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