Courts can't enhance sentence in appeal filed by accused: SC
New Delhi, June 6 -- A person who challenges their conviction cannot be punished more harshly in return, the Supreme Court has ruled, holding that a court cannot enhance a sentence in an appeal filed by the accused unless the prosecution or complainant has independently sought a stiffer jail term.
The ruling reinforces a key safeguard in criminal jurisprudence that the right to appeal should not carry the risk of harsher punishment, leaving an accused worse off, and that courts cannot exercise revisional powers on its own motion to increase punishment without a formal challenge.
A bench of justices BV Nagarathna and Satish Chandra Sharma, in a judgment on Wednesday, clarified the limits of appellate powers, underlining that enhancing the se...
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