de novo
A trial or hearing de novo is one conducted again from the start, with the evidence taken afresh and without reliance on the earlier findings. An appellate court may order a retrial de novo where the first trial was vitiated by a serious defect, such as lack of jurisdiction or denial of a fair hearing.
The term is distinct from an appeal on the record, where the higher court examines the evidence already taken. It is also distinct from a remand for a limited purpose, such as recording additional evidence on one point. A retrial de novo is ordered sparingly in criminal cases because it puts the accused through a second trial.
Example
Since the trial court lacked jurisdiction, the High Court set aside the conviction and directed a trial de novo before the competent court.
See also
Read more in the study notes
- Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
- Initiation of a criminal case: FIR, Zero FIR, preliminary enquiry, investigation and complaint (Bharatiya Nagarik Suraksha Sanhita)
- Execution, suspension, remission and commutation of sentences; mercy petitions (Bharatiya Nagarik Suraksha Sanhita)
- Refreshing memory, production of documents and improper admission or rejection of evidence (Bharatiya Sakshya Adhiniyam)
- Plaint: its parts, return and rejection (Order VII) (Civil Procedure Code and Limitation Act)
- The President of India (Constitutional Law II)