APPEAL

Chapter XXIX CRPC (Section 372-394)

INTRODUCTION

The term “appeal” has not been defined in the code. According to
the dictionary meaning, an appeal is a complaint or grievance to a
superior court for reconsideration or review of a decision, verdict or
sentence of a lower court.

It has been said that every human being is fallible and a judge is not
an exception. It is thus possible that even a judge may err or
commit mistake and his decision may be wrong or faulty.

It is therefore, necessary that a person aggrieved by an order of the

court of the first instance may be able to challenge it by preferring
an appeal. An appeal is a method of correction of manly error or
solution of human frailty.
NO APPEAL IN CERTAIN CASES

1. No Appeal UNLESS PROVIDED BY LAW.[SECTION 372]

2. No Appeal IN PETTY CASES.[SECTION 376 + SECTION

31(3)] The proviso to S.376 explains that an appeal may be brought
against the above mentioned non-appealable sentence if any other
punishment is combined with it.

3. No Appeal WHERE THE ACCUSED IS CONVICTED ON HIS

PLEA OF GUILTY. [SECTION 375]

Thippaswaamy v. St. of Karnataka, 1983, - It would be violative of

A.21 of Constitution to induce or lead an accused to plead guilty
under a promise or assurance that he would be let off lightly, and
APPEAL TO THE SUPREME
COURT
Any Person Convicted “ON TRIAL HELD BY” High Court in it’s
EXTRAORDINARY ORIGINAL CRIMINAL JURISDICTION
may appeal to the Supreme Court [S.374(1)]

Where the HC has, on APPEAL, REVERSED AN ORDER OF

ACQUITTAL of an accused person and convicted and sentenced
him to the death or life imprisonment for a term of 10 year or more,
he may APPEAL AS OF RIGHT TO SC(SECTION 379)

The CONSTITUTION provide that an APPEAL shall lie to the SC

from any JUDGEMENT, DECREE OR FINAL ORDER OF A HC.
If HC CERTIFIES that the case involve INVOLVE A
SUBSTANTIAL QUESTION OF LAW AS TO
APPEAL TO THE HIGH COURT 

Any person CONVICTED on a TRIAL held by SESSION JUDGE

OR AN ADDITIONAL SESSION JUDGE or on trial HELD BY
ANY OTHER COURT in which sentence of imprisonment for more
than SEVEN YEARS has been passed against him or against ANY
PERSON CONVICTED AT THE SAME TRIAL may APPEAL the
the HC [SECTION 374(2)]

APPEAL TO THE COURT OF SESSION

CONVICTED on a TRIAL BY METROPOLITAN MAGISTRATE

OR ASSISTANT SESSION JUDGE OR MAGISTRATE OF FIRST
CLASS, OR OF SECOND CLASS.
APPEAL BY GOVT AGAINST
SENTENCE (S.377)
Earlier an appeal for enhancement of sentence on the ground of its
inadequacy could only entertained by the HC. Now appeal on this
ground can also be entertained by court of session.(in case when it
was passed by magistrate)

Only state are capable not complainant or any other person can file
suit for this purpose.

On the basis of complainant appeal high court may exercise its

revision jurisdiction.(under section 399 and 401 r/w section
386(c)iii)

In this proceeding where sentence enhanced the appellant have had

APPEAL IN CASE OF
ACQUITTAL
SECTION 378 It does not come into play in order of DISCHARGE.

The court can interfere with the order of ACQUITTAL only when:

1. The APPRECIATION OF THE EVIDENCE by the trial court is

perverse or the conclusion drawn by it cannot be drawn on any
view of the evidence.

2. Where the IMPLICATION OF LAW is improperly done

3. Where there is SUBSTANTIAL OMISSION to consider the

evidence existing on record.
PETITION OF APPEAL AND
PRESENTATION
SECTION 382 – Petition of appeal.

Every appeal shall be made in the form of a petition in writing

presented by the appellant or his pleader, and every such petition
shall (unless the Court to which it is presented otherwise directs) be
accompanied by a copy of the judgment or order appealed against.
A copy of the judgment or order means a certified copy. The court
has, however, discretion to dispense with the copy of the judgment.
(The State Of Uttar Pradesh vs C. Tobit And Others, 1958)

SECTION 383 – APPEAL FROM JAIL

Where a convict is in jail and intends to challenge his conviction,

HEARING OF APPEAL IN
COURT OF SESSION
S. 381make provision for proper DISTRIBUTION of Appellate
work in the Court of Session.

Sub Section S.381 RESTRICT the jurisdiction conferred on Addl

Session Judge, Asst Session Judge, or CJM. It does not
EMPOWER them to receive Appeal DIRECT from parties and to
admit them on file.

They are COMPETENT to hear only Appeals properly filed under

S. 374(3), entertained by the SESSIONS JUDGE AND thereinafter
transferred to them.
SUMMARY DISMISSAL OF
APPEAL
If upon examining the petition of appeal and copy of judgement
received under section 382 or section 383 the appellate court
consider that there is no sufficient ground for interfering it may
dismiss the appeal summarily.

Before dismissing the appeal summarily the court may call for
record of the case[section 384(2)] No appeal presented under
section 382 shall be dismissed unless the appellant or his pleader
has had a reasonable opportunity of being heard in support of the
same

Where appellate court dismissing an appeal under this section is a

court of session or CJM it shall record its reason for doing so.
PROCEDURE FOR HEARING OF
THE APPEAL WHICH HAS
BEEN ADMITTED AND NOT
DISMISSED SUMMARILY
S.385 lays down the procedure for hearing of the appeal which has
been admitted and not dismissed summarily under Section 384.
UNDER SECTION 384
An order of the High Court setting aside the acquittal of the accused
in appeal without notice having been sent to the accused was held
to be illegal. The accused must be heard and his appearance must be
ensured while disposing of the appeal.

Where the appeal is not dismissed summarily under Section 384,

the Appellate Court is bound to call for the record if such record has
not already been sent by the Court and then give a hearing to the
parties However, the Court may dispose of the appeal even without
asking for the record where the appeal is only as to the legality of
POWER OF APPELLATE COURT
TO GRANT BAIL
S.389 and 390 deal with the suspension of sentence pending the
appeal, release of appellant on bail, arrest of the accused in appeal
from acquittal and his release on bail.

Power of appellate court to obtain further evidence. [Section 391]

the object of this section evidently is to ensure that justice is done
between the prosecutor and the person prosecuted. It is well known
that additional evidence can not be tendered at appellate stage as of
right and the appellate court has to exercise discretion vesting in it
to permit additional evidence on sound judicial principal. Clearly it
is not arbitrary discretion as it manifested by the provision “shall
record its reason”.
POWER OF COURT IN
DISPOSING APPEAL
Section 386 confer the adequate power on the appellate court for
the proper disposal of different kind of appeal. These power are
exercised only after satisfying two essential condition.

1. Before the deciding to exercise any of the power the court must
pursue the record of the case as mentioned in section 385(2).

2. The appellate court must here the appellant or his pleader, if the
appear , and the public prosecutor, if appear, and in case of an
appeal by the state government against sentence under section 377,
or of an appeal in case of acquittal under section 378, the accused,
if he appear.