BL-MCKGOWI
Se ct io n 372 to 394
\ I7
.. .. Ch ap te r 29 (XXIX)
U nd er C rim in al Pr oc ed ur e
Code 19 73
Introduction
Appeal is simply a petition brought before a
superior court to make a
correction to the inferior court's ruling.
According to the Black Law Dictionary, an appeal
is a protest to a higher
court of an offence committed or mistake com
mitted by an inf eri or
whose judgement or decision the above court is
called upon to correct or
reverse. Only in writing must an appeal be
lodged in the form of a
petition. The petition of appeal is addressed in Sec
tion 382 as -
"Any appeal shall be filed in writing in the form
of a petition lodged by
the appellant against his pleader, and any
such appeal shall be
accompanied (unless otherwise directed by the
court to which it is
lodged) by a copy of the judgement or order appeal
ed against."
BIFjCKGOWN
Right a victim to file for an appeal
The survivor is entitled to request an appeal. There
are the following orders that can be appealed
against:
1. Order acquitting the defendant
2. Order to convict the defendant for a lesser offence
3. Order implementing insufficient remuneration
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Appeals from conviction
If the accused is convicted and the high court holds the proceedings, then
the supreme court will have an appeal. But if the trial is held by a judue of
the sP.ssion or an additionc1I Judge of the session or ~nv other court where
the term of imprisonment is more than 7 years, then an appeal will be
brought before the high court.
Appeal against orders requiring protection or failure to accept or deny
security to preserve peace or good conduct. Any person,
(i) who has been ordered to provide protection for peacekeeping or for good
conduct under 5.117, or who has been ordered to do so under S.117.
(ii} who is aggrieved by any order refusing to acknowledge or refuse a
guarantee pursuant to 5.121,
They can appeal to the Court of Session against that order.
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Given that in compliance with the provisions of sub-section (2)
or sub-section (4) of section 122, nothin g in this section shall
extend to persons in proceedings against whom a Sessions
Judge has been brough t before.
Appeal against sentencing by the state gover nmen t:
Section 377 of the CrPC states that if the punish ment impose d
by the court is insuffic ient, the state govern ment or centra l
government may order the public prosec utor to file an appeal .
Bk-+ CKGOWN
If the conviction is carried out by a court other than a
high court, then the state government, but if the
conviction is in a case in which the crime has been
prosecuted by the special police establishment in Delhi
or any agency under any central act, then the central
government can file an appeal.
1. If the sentence is passed by the magistrate, to the
Court of Session; and If the sentence i·s passed by any
other court,
2. To the high court,
Cases where appeal cannot be filed
1. If not provided by law, there is no appeal to lie: it is a
general rule that the appeal is filed only if it is provided by law.
Section 372 states that No appeal shall be based on any
judgement or order of a criminal court, except as provided for
at the moment in force by this Code or any other law."
2. No petty Cases-Sec appeal. 376 states that if there is no
appeal by the accused person, there will be no appeal by the
convicted person.
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(a) whe re for a term not exceeding six mon ths or a fine not
exceeding one thou san d rupees, the High Cou rt imposes
eith er one sentence of imp riso nme nt or bot h such
imp riso nme nt and a fine ;
(b) whe re eith er a sentence of imp riso nme nt for a term not
exceeding thre e mon ths or a fine not exceeding two hun dred
rupees is han ded dow n by the, Cou rt of Session or the
Met rop olita n Mag istra te, or both such imp riso nme nt and the
fine ;
llliiC KGO W
(c) where a first class magistrate passes a fine not exceeding one
hundred rupees only; or where a first class magistrate passes a
fine not exceeding one hundred rupees only or,
(d) where in a summarily tried case, a magistrate authorised to
rule pursuant to Section 260 imposes only a fine not exceeding
two hundred rupees.
Provided that if any other penalty is associated with it an appeal
can be brought against such a sentence, but that sentence is not
merely appealable on the ground,
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(i) that the person convicted is ordered to provide protection to
maintain peace; or that the person convicted is ordered to
provide security to maintain peace;
(ii) that the direction for imprisonment is included in the
sentence in default of payment of the fine;
(iii) more than one sentence of fine shall be levied in the case
where the total amount of the fine imposed does not exceed, in
the case at question, the amount stated above.
There shall be no appeal if the accused pleads guilty: where an
accused person pleads guilty and has been convicted of such a
crime, there shall be no appeal,
(a) if the penalty is handed down by the Supreme Court; or a)
if the sentence is handed down by the High Court; or
(b) where the conviction is of the first or second degree by the
Court of Session, the Metropolitan Magistrate or the
Magistrate, except as to the nature or validity of the sentence.
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Powers of the Appellate Court
If there is no adequate basis for intervening with it, it has the right to
reject the appeal.
It may reverse the acquittal order and direct the additional
investigation or retry the defendant and transfer the sentence in
compliance with the law.
In an appeal, it can reverse, change or restore the order of conviction.
By reversing, modifying the finding or changing the nature of the
sentence, it may improve the sentence.
Amendments may be made, or any consequential or incidental order
that may be just or proper.
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Cases Where Appeal can be Abated
Under section 394 of the CrPC, an appeal is eventually made age-inst the
death of the convicted, with the exception of an appeal against a fine.
However if the appeal is against the conviction and sentence of death
or imprisonment and the appellant dies during the appeal period, any
of his immediate relatives may apply to the Appellate Court for leave to
continue the appeal within thirty days of the appellant's death, and if
leave is granted, the appeal shall not be reduced.
In this section, " near relative" means a parent, spouse, lineal
descendant, brother or sister
.iCKGOWN
Ju dg em en t by app ella te Co urt
Except as provi ded for in Secti on 377, Section 378, sub-section (4)
of Secti on 384 or chap ter XXX, the judgement and the order of
the appe llate court are final.
Given that the Appe llate Cour t can hear and rule on the merits,
notw ithsta nding the final disposal of an appeal against conviction
in eithe r even t,
a) an appe al again st acqui ttal pursu ant to sectio n 378, which
emer ges from the same case;
b) an reque st, arisin g from the same case, for the enhan ceme nt of
the sente nce unde r sectio n 377. _r£.
W'CKGOWN
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