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Section 427. Powers of Appellate Court

BNSS · APPEALS
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After perusing such record and hearing the appellant or his
advocate, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418
or section 419, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient
ground for interfering, dismiss the appeal, or may—
(a)in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;
(b)in an appeal from a conviction—
(i)reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial; or
(c)in an appeal for enhancement of sentence—
(i)reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence; or
(ii)alter the finding maintaining the sentence; or
(d)in an appeal from any other order, alter or reverse such order;
(e)make any amendment or any consequential or incidental order that may be just or proper:
Provisothe sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement:
Provisothe Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal.

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