Supreme Court: Under which circumstances, the appellate court can set aside conviction of accused in offence under S 201 of IPC without appeal of accused?

 However, we are of the view that the High Court clearly fell into error in affirming the conviction of the accused-respondent for the offence punishable under Section 201 of the IPC.

35. It is not in dispute that the accused-respondent has not preferred any appeal challenging his conviction for the said offence. However, the absence of an appeal by the accused-respondent does not, by itself, denude this Court of its appellate jurisdiction. In exercise of powers under Section 386 of the CrPC

[corresponding to Section 427 of the Bharatiya Nagarik Suraksha Sanhita, 2023], the appellate Court is vested with the power to examine the correctness of the findings and sentence recorded by the Court below and to reverse, alter or affirm the

same, as the interests of justice may require.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). OF 2026

(Arising out of SLP(Crl.) No(s). 8846 of 2025)

THE STATE OF ASSAM  Vs  MOINUL HAQUE @ MONU 

Mehta, J.

Dated: APRIL 16, 2026.

Read full judgment here: Click here.

Print Page