CrPC · Code of Criminal Procedure, 1973

Section 388 CrPC

Order of High Court on appeal to be certified to lower Court

Procedure & effect

Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through the Chief Judicial Magistrate; and if such Court is that of an Executive Magistrate, the High Court's judgment or order shall be sent through the District Magistrate.
The Court to which the High Court certifies its judgment or order shall thereupon make such orders as arc conformable to the judgment or order of the High Court; and, if necessary, the record shall be amended in accordance therewith.

FAQ — Section 388 CrPC

Section 388 of the Code of Criminal Procedure, 1973 (CrPC) deals with “Order of High Court on appeal to be certified to lower Court”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through the Chief Judicial Magistrate; and if such Court is that of an Executive Magistrate, the High Court's judgment or order shall be sent through t

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.