HOW TO FILE A CRIMINAL APPEAL?

What is a criminal appeal?

After a criminal defendant has been convicted and sentenced by a court, he or she may file an
appeal with a higher court, requesting that the lower court's decision be reviewed for legal flaws
that may have influenced the case's conclusion.

If the appeal is granted, the appellate court has the power to overturn the lower court's ruling in
whole or in part.

If the appeal is denied, the lower court's decision remains in effect.

Predominantly, there are two categories in appeal:

• Appeal on behalf of the victim or;

• Appeal on behalf of the accused.

Ground for appeal

Legal error, judge’s misconduct, and ineffective assistance of counsel are all potential grounds for
appeal in a criminal prosecution.

Improperly allowed evidence, inaccurate legal arguments, or a lack of sufficient evidence to

sustain a guilty finding can all lead to legal errors.

The appellate court must find that the errors had an impact on the case's outcome in order to permit
the appeal.

If the flaws did not affect the outcome, they are considered as acceptable, and the verdict will
prevail.

It is important to note that, with the exception of the legislative provisions set forward by the
Criminal Procedure Code (CrPC) or any other statute in force, no appeal can be taken from a
criminal court judgement or order.
Provision under CrPC
From Section 372 to Section 394 of the CrPC, there are extensive provisions for appeals.

Appeal on behalf of the victim

Section 372 of the CrPC, 1973 states that “no appeal shall take place against any judgment or order except
the procedure as stipulated in the 1973 Act or any other law for the time being”. The aggrieved do not have
an intrinsic right to appeal until the appellate feels that the lower court has carried out/conducted the
processes honestly and without any breach or infringement, according to the aforementioned Section.

Fortunately, the victim has the ability to appeal the lower court's judgment/jury verdict if it has:

1) the accused was acquitted;

2) the accused was convicted for a lesser offence; or
3) the accused was given less/inadequate reparation.

Appeal on behalf of the accused

1) If the High Court has sentenced the accused under Section 374(1) of the CrPC, 1973, the
guilty may file an appeal to the Supreme Court of India under the extraordinary original
criminal jurisdiction as a matter of right.
2) If the accused has been sentenced by a session judge, additional session judge, or any other
court qualified to pass a sentence of 7 years or more, the accused has the right to appeal to
the High Court under Section 374(2) of the CrPC, 1973.
3) Any individual charged of a crime and convicted by a metropolitan magistrate, assistant
session judge, or magistrate of the first or second class has the right to appeal to the Court
of Session per Section 374(3) of the CrPC, 1973.
4) Furthermore, per Section 379 of the CrPC, 1973, if the High Court reverses the trial court's
verdict and sentences the defendant to death, life imprisonment, or a sentence of more than
10 years in jail, the defendant has the right to appeal to the Hon'ble Supreme Court of India.
5) Finally, pursuant to Section 380 of the CrPC, 1973, if there are multiple defendants and all
of them have been indicted before the lower court, but an appealable order has been issued
in respect of any one of the defendants, then all of the convicted defendants have the right
to file an appeal with the higher court.

Instances of No Appeal
1) When an accused pleads guilty under Section 375 of the Criminal Procedure Code of 1973;
2) When the circumstances of the case is trivial, as defined by Section 376 of the Criminal
Procedure Code of 1973;
3) When the verdict is delivered in accordance with Section 265G of the CrPC, 1973;

Curated By:

Prashant Mishra

Law Centre -2,

Faculty of Law, DU