THE CODE OF CRIMINAL PROCEDURE, 1973 APPEALS THE CODE OF CRIMINAL PROCEDURE, 1973

WHAT IS AN APPEAL? According to Black’s Law Dictionary, an appeal is a complaint to a superior court of an injustice done or error committed by an inferior court, whose judgement or decision, the court above is called upon to correct or reverse. Though the right of appeal is integral to fair procedure, natural justice and normative universality, the Code as a policy, prefers to allow the right in the specified circumstances only. According to Section 372, no appeal shall lie from any judgement or order of a criminal court except as provided by the Code or by any other law.

No APPEAL IN CERTAIN CASES No Appeal in Petty Cases- According to Section 376, there shall be no appeal by a convicted person in the following cases: Where the only sentence is of imprisonment up to 6 months, or of fine up to Rs.1000/- or of both and passed by a High court. Where the only sentence is of imprisonment up to 3 months, or of fine up to Rs.200/- or of both and passed by a Session Court or a Metropolitan Magistrate. Where the only sentence is of fine up to Rs.100/- passed by a Magistrate of the First Class. Where the only sentence is of fine up to Rs. 200/- passed in a Summary Trial by a Chief Judicial Magistrate, a Metropolitan Magistrate, or a Magistrate of the First Class specifically empowered by the High Court.

It may be noted that even in the above cases an appeal may be brought if any other punishment is combined with any such sentence. However, such sentence shall not be appealable merely on the ground: That the person convicted is ordered to furnish security to keep the peace; That a direction for imprisonment in default of payment of fine is included in the sentence, That more than one sentence of fine is passed in the case, if the total amount of fine does not exceed the amount hereinbefore specified in respect of the case.

NO APPEAL FROM CONVICTION ON PLEA OF GUILTY Where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal: If the conviction is by a High Court; If the conviction is by a Sessions Court, Metropolitan Magistrate, or Magistrate of the First or Second class, except as to the extent or legality of the sentence. [Sec. 375]

APPEALS TO SUPERIOR COURTS Subject to the restrictions mentioned above, any person convicted of an offence may appeal in accordance with the provisions given below. Further, if two or more persons are convicted in one trial, and any of them is entitled by law to prefer an appeal, then according to Section 380, all or any of them convicted at such trial shall have a right of appeal. APPEAL TO THE SUPREME COURT – The following are the appellate jurisdiction of the Supreme Court in criminal cases: Any person convicted by a High Court in the exercise of its extraordinary original criminal jurisdiction may appeal to the Supreme Court. [Sec.374(1)] Where the High Court has on appeal reversed an order of acquittal and sentenced an accused person to death or to imprisonment for life or to imprisonment for a term of 10 years or more, the accused may appeal to the Supreme Court. [Sec.379] According to Article 132(1) of the Constitution, an appeal shall lie to the Supreme Court against the decision of a High Court, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.

According to Article 134(1) of the Constitution, an appeal shall lie to the Supreme Court from any decision of a High Court if the High Court: Has on appeal reversed an order of acquittal of an accused person and sentenced him to death; Has withdrawn for trail before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; Certifies under Article 134A that the case is a fit one for appeal to the Supreme Court. According to Article 136, the Supreme Court may grant special leave to appeal from any decision of a court or a tribunal. According to the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 an accused person may prefer an appeal as of a right to the Supreme Court against an order of the High Court sentencing him/her to an imprisonment for life or for a period of not less than 10 years. Such an order of the High Court should either be a reversal of an order of acquittal or where the HC has withdrawn a case from a subordinate court to itself for trial and sentenced the accused to imprisonment for a term specified above.

2. APPEAL TO THE HIGH COURT – Subject to the restrictions mentioned in “No Appeal in Certain Cases”, any person convicted on a trial held by- A Session Judge or Additional Sessions Judge; Any other court in which a sentence of imprisonment for a term exceeding 7 years has been passed against him or any other person convicted at the same trial; May appeal to the High court. [Sec.374(2)] 3. APPEAL TO THE SESSIONS COURT- Subject to the restrictions mentioned in “No Appeal in Certain Cases”, any person- Convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the First Class or, Sentenced under section 325, In respect of whom an order has been made or sentence has been passed under Section 360 by any Magistrate, May appeal to the Sessions Court. [Sec.374(3)]

APPEAL AGAINST INADEQUACY OF SENTENCE - SECTION 377 In any case of conviction on a trial held by any court other than a High Court, the State Government may direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy to: The Sessions Court, if the sentence is passed by a Magistrate The High court, if the sentence is passed by any other court. The Central Government may also direct the Public Prosecutor to present such an appeal, if such conviction is in a case in which the offence has been investigated by the Delhi Police Establishment Act, 1946, or by any other agency empowered to make investigation into an offence under any Central Act other than this Code. In every such appeal, the Sessions Court or, as the case may be, the High Court shall have to give reasonable opportunity to the accused of showing cause against the enhancement of the sentence. The accused while showing such a cause, may plead for his acquittal or for the reduction of the sentence.

APPEAL AGAINST ORDER OF ACQUITTAL- SECTION 378 The District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Sessions Court from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence. The State Government may direct the prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any court other than a High Court not being an order mentioned above or an order of acquittal passed by the Sessions Court in revision. In any case in which the offence has been investigated by the Delhi Special Police Establishment Act, 1946, or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may direct the prosecutor to present an appeal- A) to the Sessions Court from an order of acquittal passed by a magistrate in respect of a cognizable and non-bailable offence. B) to the High Court from an original or appellate order of an acquittal passed by any court other than a High Court not being the order mentioned above or an order of acquittal passed by the Sessions Court in revision.

Such an appeal shall be entertained only with the leave of the High Court. Leave should not be refused without giving reasons. If the complainant is any person, such an application for grant of special leave must be presented within 60 days from the order of the acquittal and if the complainant is a public servant, then, within six months from the date of the order of acquittal. If the application is refused, then, no appeal from the order of acquittal shall lie even at the instance of any government whatsoever. By making use of Article 132, 134, and 136, it may be possible to present an appeal to the Supreme Court against the order of acquittal passed by the High Court.

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