Legal Provisions of Section 390 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Arrest of Accused in Appeal from Acquittal:
The object of this section is not to extend protection to the person who is convicted in a capital case but to ensure that he does not have an opportunity to abscond during the pendency of his appeal.
ADVERTISEMENTS:
An order of acquittal passed in favour of the accused against whom a capital charge was made, does not alter his status as an accused, when an appeal against his acquittal has been filed in the High Court.
Therefore, where an appeal has been presented under Section 378 against the accused, the High Court has the power to issue a warrant directing the arrest of the accused and he be brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison during the pendency of his appeal or admit him on bail.
The idea is that an accused who was involved and charged for a capital offence, should not be allowed to be at large during the period an appeal against his acquittal is pending before the High Court.
Image Source : luna.edu