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Section 390 — Arrest of accused in appeal from acquittal
390
390
Arrest of accused in appeal from acquittal
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
AppealsArrestLegal Rights
🗣️ Simple Explanation
What does this law say? Section 390 of the CrPC says that if the government appeals an acquittal, the High Court can order the accused to be arrested. The court can then decide to keep the person in jail or release them on bail.
Why does this law exist? It ensures that if the government appeals an acquittal, the accused is available. It allows the court to ensure the person attends the appeal hearing. This helps the justice system.
Real-life impact If the government appeals your acquittal, you could be arrested. The court will then decide if you should be in jail or released on bail. This ensures you are present for the appeal.
What happens if you break this law? This section doesn't define a crime. It deals with the arrest process during an appeal. It doesn't have a specific punishment. It ensures the accused is available for the appeal hearing.
💡 Real Life Example

Amit was acquitted, but the government appeals. The High Court orders his arrest. The court decides to keep him in jail. Rahul is acquitted of a crime. The government appeals, and the court grants him bail. Priya is acquitted, and the government appeals. The court orders her arrest. The court then decides to release her on bail. Sneha is acquitted, and the government appeals. The court orders her arrest and keeps her in jail.

🛡️ KNOW YOUR RIGHTS
  • •Know that if the government appeals your acquittal, you might be arrested.
  • •Understand that the court will decide on bail or imprisonment.
  • •Seek legal help if you are arrested.
  • •If you are wrongly accused, gather evidence to support your case.
❓ FREQUENTLY ASKED QUESTIONS
Section 390 of the CrPC deals with the arrest of an accused when the government appeals an acquittal. The High Court can issue a warrant for the accused's arrest. The court before which the accused is brought can then decide to commit them to prison or release them on bail. This ensures the accused is available for the appeal hearing.
Section 390 itself states that the court can admit the accused to bail. Whether bail is granted depends on the specific circumstances of the case and the court's discretion. The court will consider factors like the severity of the original offense and the likelihood of the accused appearing for the appeal hearing.
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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