Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Appellate Review of Sentencing
Jurisdictional & Appellate Practice Terms
Definition
The power of a criminal appellate court (under Sections 377 and 386 CrPC / BNSS) to re-evaluate the appropriateness of a criminal punishment, enabling it to confirm, reduce, set aside, or enhance the sentence passed by the trial court.
Example
The state files an appeal under Section 377 CrPC arguing that a six-month sentence for armed bank robbery is grossly inadequate; the High Court reviews the sentencing and enhances the punishment to seven years' rigorous imprisonment.