Dr.

Praveen Patil
Shahaji Law College
Kolhapur
Appeals from convictions

Appeal against sentence

Appeal in case of acquittal

 Section 374 – Appeals from convictions
Appeal To Appeal form WHEN / CONDITITONS
The High Court High Court convicted on a trial held by it in
Supreme its extraordinary original criminal
Court jurisdiction
Grants certificate U/A 134A
Convicts for more than 10 years of
imprisonment
By Special Leave Petition
The High Any Court A sentence of imprisonment for more than
Court seven years
Court of • Metropolitan  Sentence less than seven years
Session Magistrate  Sentenced under section 325
• Assistant  order passed under section 360 by any
Sessions Judge Magistrate
• JMFC
• JMSC
 SECTION 375 – NO APPEAL IN CERTAIN CASES WHEN ACCUSED PLEADS GUILTY

Notwithstanding anything contained in

section 374, 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; or
• if the conviction is by a Court of Session,
Metropolitan Magistrate or Magistrate of the first or
second class, except as to the extent or legality of the
sentence.
Section 376 – No appeal in petty cases

Sentencing court Sentence passed

High Court Not more than six months
imprisonment or fine not more
than Rs 1000, or of both
Court of Session Not more than 3 months
or a Metropolitan imprisonment or fine not more
Magistrate than Rs 200, or of both
Magistrate of the Sentence of fine not exceeding
first class Rs100
In summary trial Sentence of fine not exceeding
Rs 200
Section 376 – No appeal in petty cases

Other sentences
If above sentences are do not include
combined with other
punishments – the appeal
lies order to furnish
security to keep
the peace

Less than 3 months imprisonment and imprisonment in

1000 fine is the crux default of
payment of fine

more than one

sentence of fine
is passed in the
case
 Section 377 – Appeal by the State Government against sentence

APPEAL BY STATE GOVERNMENT

the State Government may in any case of conviction on a trial held by
any Court other than a High Court, direct the Public prosecutor to
present an appeal against the sentence on the ground of its
inadequacy-
 to the Court of session, if the sentence is passed by the Magistrate;
and
 to the High Court, if the sentence is passed by any other Court
APPEAL BY CENTRAL GOVERNMENT
The central govt shall have the same power if the case is investigated
 the case is investigated by the Delhi Special Police Establishment,
constituted under 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
 Section 377 – Appeal by the State Government against sentence

SAFEGUARDS

Criminal Law

the High Court shall not (Amendment) Act, 2018

enhance the sentence Appeal against a

sentence passed under
• unless the accused is given a section 376,
376A,376AB,376B,
reasonable opportunity of 376C, 376D, 376DA,
showing cause against such 376DB, 376E of the IPC
shall be disposed of
enhancement and within a period of six
months from the date
• while showing cause, the accused of filing of such appeal
may plead for his acquittal or for
the reduction of the sentence.
 Section 378 – Appeal in case of acquittal
Who can When Who will Where to
appeal
the District order of acquittal passed by a Magistrate in PP Court of
Magistrate respect of a cognizable and non-bailable Session
(s.378(1) (a)) offence
the State from an original or appellate order of an PP the High Court
Government acquittal passed by any Court other than a *provided the
(s.378(1) (b)) High Court [not being an order under clause HC grants the
(a) or an order of acquittal passed by the leave (s. 378(3)
Court of Session in revision]
Central govt If the case is investigated
Same powers  by the Delhi Special Police Establishment, constituted under the Delhi
as above Special Police Establishment Act, 1946 or
(s.378(2))  by any other agency empowered to make investigation into an offence
under any Central Act other than this Code
The The complainant (not the state) may present such an appeal to the High
complainant Court if
(not the state)  if such an order of acquittal is passed in any case instituted upon
(s.378(4)) complaint
 the High Court, on an application made to it by the complainant in this
behalf, grants special leave to appeal from the order of acquittal
Section 379 – Appeal against conviction by High Court in certain
cases
Where the High Court has, on appeal reversed an order of
acquittal of an accused person and convicted him and sentenced
him to death or to imprisonment for life or to imprisonment for a
term of ten years or more, he may appeal to the Supreme Court.
Section 380 – Special right of appeal in certain cases
Notwithstanding anything contained in this Chapter, when more
persons than one are convicted in one trial, and an appealable
judgment of order has been passed in respect of any of such
person, all or any of the persons convicted at such trial shall have a
right of appeal.
Victims right to prefer an appeal
proviso to sec 371
introduced in 2009

Victim shall have a right to prefer an appeal

against
• order passed acquitting the accused
• convicting for a lesser offence
• imposing inadequate compensation
 Section 386 – Powers of the Appellate Court

When What can be done (apart from dismissing appeal )

appeal from an • reverse such order and direct that further inquiry be made
order of • order for retiral of accused
acquittal • commit for trial of accused
• find him guilty and pass sentence on him according to law
Appeal from a  reverse the finding and sentence and acquit or discharge the accused
conviction  order for retiral of accused
 commit for trial of accused
 alter the finding, maintaining the sentence, or
 with or without altering the finding, alter the nature or the extent, or
the nature and extent, of the sentence, but not so as to enhance the
same
Appeal for  reverse the finding and sentence and acquit or discharge the accused
enhancement or order him to be re-tried by a Court competent to try the offence, or
of sentence  alter the finding maintaining the sentence, or
 with or without altering the finding, alter the nature or the extent, or
the nature and extent, of the sentence, so as to enhance or reduce
the same;
appeal from any  alter or reverse such order
other order
• Thank you