Appeal from Conviction

This article is written by Sanjana Santhosh, a law student at Christ (Deemed to

be University), Bengaluru. The article explains the concept of appeal under the
Indian criminal law regime, along with the circumstances in which such appeals
may be filed under the Criminal Procedure Code, 1973.

It has been published by Rachit Garg.

Table of Contents

 Introduction
 Appeal under criminal law
 Who can appeal
o Subsequent appeals
 Kinds of appeal
o Section 373 CrPC – Appeal in court of session
o Section 374 CrPC – Appeal from convictions
 Exception to Section 374
o Section 377 and 378 CrPC – State appeals
 Section 377 CrPC – Appeal against sentence
 Section 378 CrPC – Appeal in case of acquittal
o Section 379 CrPC- Appeal against conviction by High Court in certain cases
o Section 380 CrPC- Special right of appeal in certain cases
 Non-appealable cases
o Section 375 CrPC- Certain guilty pleas are non-appealable
o Section 376 CrPC- No appeal in petty cases
 Important judgements
o Dhananjay Rai v. State of Bihar (2022)
o Jogi v. the State Of Madhya Pradesh (2021)
o Dilip S. Dahanukar v. Kotak Mahindra Company Limited (2007)
o Bindeshwari Prasad Singh @ B.P v. State Of Bihar (2002)
 Appellate court
 Conclusion
 Frequently Asked Questions (FAQs)
o What is the format for filing an appeal?
o In what circumstances is it possible to have the appeal dismissed?
o What are the grounds for appeal?
o Is the victim allowed to seek an appeal, and if so, against what kind of order?
o What are the cases when an appeal is filed?
o What are the cases when an appeal is filed?
 References

Introduction
The criminal justice system can have far-reaching effects on an individual’s life,
most significantly affecting their right to life and freedom. Since courts, like any
other man-made organisation, are likely to make mistakes, it follows that the
judgements they make are also subject to this risk of making errors. In order to
prevent a serious miscarriage of justice, there should be procedures in place to
carefully review the rulings of subordinate courts. To account for this, certain
measures have been incorporated into the criminal procedure for appealing a
criminal court’s judgement or order. From Section 372 all the way up to Section
394 of the Criminal Procedure Code are detailed requirements regarding
appeals.

However, the opportunity to appeal is not always available. For this reason,
even in circumstances where the right of appeal has been limited by CrPC, the
lawmakers integrated the concept of a review procedure termed “revision” into
the legislative process to entirely preclude any miscarriage of justice. The
higher courts’ revision powers and the method for exercising those powers are
laid forth in Sections 397 to 405. These authorities are wide-ranging and ad
hoc, which should be taken into account.

While litigants are guaranteed the opportunity to appeal in most circumstances,

criminal courts have wide latitude in deciding whether or not to grant a motion
for rehearing, therefore revision is not a guaranteed legal right. Legally, an
accused person has the right to at least one appeal in criminal proceedings but
no such recourse in situations of revision. The distinction between an appeal
and a revision has been revisited numerous times in court. According to the
Supreme Court’s decision in Hari Shankar v. Rao Ghari Chowdhury (1963), “the
distinction between an appeal and a revision is a real one. Unless the statute
that grants the right of appeal specifies otherwise, a rehearing on appeal
includes a rehearing on both the law and the facts. In most cases, a higher
court has the authority to review a previous ruling to ensure that the original
decision was made in accordance with the law.”

Appeal under criminal law

Although the term “appeal” is not defined in the Code of Criminal Procedure,
1973, it can be thought of as the review of a lower court’s ruling by a higher
court. It must be stressed that no appeal can be made from any judgement or
order of a criminal court except in accordance with the legislative procedures
given forth in the Code of Criminal Procedure, 1973, or any other law that is in
force. This means that even the initial appeal is time-limited by law; hence, no
“vested right” to appeal exists. The rationale behind this principle is the
presumption that the trial was handled fairly by the courts that heard the
matter. In the event of an acquittal, a conviction for a lesser offence, or
insufficient compensation, however, the victim may file an appeal of the court’s
decision. Appeals in the sessions courts and the high courts are typically
governed by the same sets of rules and procedures. The high court is the
highest court of appeal in a state and enjoys more powers in matters where an
appeal is permissible. Since it is the country’s highest court of appeals, the
Supreme Court has the ultimate discretion and plenary power in all appeals. The
Supreme Court’s authority is principally determined by the provisions of the
Indian Constitution and the Supreme Court (Enlargement of Criminal Appellate
Jurisdiction), 1970. If the high court overturns an acquittal ruling and sentences
the defendant to life in prison, 10 years in jail, or death, the defendant has the
right to appeal to the Supreme Court. Article 134(1) of the Indian Constitution
establishes the same law under the appellate jurisdiction of the Supreme Court,
recognising the importance of a criminal appeal being brought to that court. In
accordance with Article 134(2) of the Indian Constitution, the legislature also
passed the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act,
1970, which gives the Supreme Court the authority to hear appeals from the
high court in certain cases. If the trial involved multiple defendants and the
court issued an order of conviction for all of them, each defendant has the same
right to appeal the decision. The right to appeal may be waived, however, under
limited circumstances. These rules can be found in Sections 265G, 375,
and 376. The Code of Criminal Procedure of 1973 prescribes that verdicts and
orders cannot be appealed except in certain situations. This demonstrates the
critical status of appeals.

A criminal defendant can file an appeal with the Supreme Court, a high court, or
a sessions court, depending on the nature of the case. According to the
Supreme Court’s decision in Arun Kumar v. State of Uttar Pradesh (1989), the
Allahabad High Court was right to overturn the Sessions Judge’s acquittal and
convict the appellants if it determined that the Sessions Judge’s position was
clearly erroneous and even contributed to a miscarriage of justice. The Supreme
Court of India ruled in Satya Pal Singh v. State of Madhya Pradesh (2015) that
a victim’s next of kin has standing to appeal a conviction to a higher court under
the provisions of Section 372, provided that the deceased victim’s father meets
the definition of a victim. The victim needs the permission of the high court to
initiate an appeal against a decision of acquittal, as the Supreme Court ruled in
the case of Satya Pal Singh v. State of Madhya Pradesh. These are the
cornerstones of the appeals process under CrPC:

 The right to appeal must be established by law.

 No automatic right to seek an appeal.
 No appeal only against conviction.
 Petty cases are final and cannot be appealed.
  A plea of guilt results in an automatic conviction; there is no right of
appeal.

Who can appeal

A person whose trial results in a guilty verdict may file an appeal of that verdict.
When an appeal is made, it does not imply that the case is being heard again.
Issues raised by the trial transcript are used to make a decision on the appeal.
The court may hear new evidence from the appellant if the circumstances
warrant it. Affidavits from witnesses detailing their prepared statements for a
new trial should be submitted to the court to demonstrate this. It is the
appellant’s burden to persuade the court that:

 claims that the jury’s judgement should be overturned because it was

arbitrary or not supported by the evidence,
 the judge made an error in interpreting the law, or
 there was a miscarriage of justice.
If an appeal is filed, the court can do just about anything with it. The court may
uphold the conviction, overturn the conviction, substitute a judgement of
acquittal, or order a new trial. Even if the court rules in the appellant’s favour
on a technicality of the law, it may nonetheless decide to throw out the appeal if
it determines that there was no serious miscarriage of justice. The Director of
Public Prosecutions may also file an appeal with the Court of Appeal, requesting
that the Court of Appeal quash an acquittal and retry the case, or file an appeal
against an interlocutory judgement.

Subsequent appeals
A person who has been found guilty at trial may, with the approval of the Court
of Appeal, make a second or subsequent appeal. An individual seeking
permission to appeal must convince the court that new and persuasive evidence
exists and should be taken into account. If the court believes there was a
significant miscarriage of justice, it may hear a new appeal, overturn the
conviction, and either substitute a judgement of acquittal or order a new trial.

Kinds of appeal

Section 373 CrPC – Appeal in court of session

In the event that a person has been ordered to offer security for the purpose of
maintaining the peace or for good behaviour, an appeal against the order may
be filed with the Court of Session in accordance with Section 117.

Where a person has been wronged by any order refusing to accept or reject a
surety, the person may seek redress under Section 121.

Section 374 CrPC – Appeal from convictions

 High Court orders of conviction issued while exercising original criminal
jurisdiction have the right to be appealed to the Supreme Court.
 Conviction orders issued by the Court of Session or Additional Court of
Session are appealable to the High Court.
 If the Court of Session or the Additional Court of Session imposes a
sentence of more than seven years in prison, the defendant may
appeal the decision to the High Court.
 Appeals may be taken to the Court of Session from convictions handed
down by the Metropolitan Magistrate, Judicial Magistrate I, or Judicial
Magistrate II.
 The court of session hears appeals from anyone who is dissatisfied with
the results of a criminal proceeding under Sections 325 and 360 of the
Criminal Procedure Code.

Exception to Section 374

The exceptions to Section 374 of the Criminal Procedure Code are found in
Sections 375 and 376 of the CrPC as given below:

1. There is no right to appeal a conviction where the defendant has made

a guilty plea and been found guilty on the basis of that plea.
2. A person who has been found guilty and sentenced by a high court to a
period of imprisonment of not more than six months or a fine of not
more than one thousand rupees, or to both such imprisonment and
fine, shall not be permitted to file an appeal against that sentence.
3. A person who has been found guilty and sentenced by a court of the
session or a metropolitan magistrate to a period of imprisonment of
not more than three months or a fine of not more than two hundred
rupees, or to both such imprisonment and fine, shall not be permitted
to file an appeal against that sentence.
 4. A person who has been fined by a first-class magistrate of not more
than one hundred rupees shall not be permitted to file an appeal
against that sentence.

Section 377 and 378 CrPC – State appeals

State government appeals:

1. Under Section 377, to increase the severity of a punishment;

2. Under Section 378, to overturn an acquittal of an accused person

Section 377 CrPC – Appeal against sentence

The state government may appeal the sentence to the Court of Session or High
Court on the grounds that it is inadequate pursuant to this clause, which may
be done through the office of the public prosecutor.

If one disagrees with a magistrate’s sentencing decision, they have the right to
file an appeal with the court of session. If a sentence is handed down by a lower
court, an appeal could be filed with the high court.

If the inquiry is conducted by the Delhi Special Police Establishment or another

central agency, the Central Government would issue the directive to the public
prosecutor.

It is expected that the accused will be given a fair hearing before any appeal or
decision to increase their sentence is issued.

Section 378 CrPC – Appeal in case of acquittal

If a magistrate issues an acquittal in a case involving a cognizable and non-
bailable offence, the district magistrate may instruct the public prosecutor to
appeal the decision to the court of session. If an acquittal is issued by a court
other than the high court, the state can still ask for a review of the decision by
filing an appeal with that court.

If the inquiry was conducted by the Delhi Special Police Establishment or

another government body, the Central Government will provide instructions on
how to file an appeal.
It should be mentioned that the high court’s authorisation will be sought in
advance of launching an appeal there.

In the event that the high court grants special permission to make an appeal,
the complaint may do so in the event that the case launched on the basis of the
complaint is afterwards acquitted. A government employee who has been found
not guilty may file a new application within six months after the acquittal.

An application may be filed within 60 days following the judgement of acquittal

if the complainant is not a government employee. No appeal from a judgement
of acquittal shall lie if such an appeal is dismissed.

Section 379 CrPC- Appeal against conviction by

High Court in certain cases
If a person’s acquittal by the high court is overturned and he is subsequently
convicted and sentenced to death, life in prison, or a term of imprisonment of
10 years or more, the accused may appeal to the Supreme Court.

Section 380 CrPC- Special right of appeal in

certain cases
If a co-defendant has received an appealable sentence, then the other
defendant has the right to appeal his own non-appealable punishment under
this provision.

Non-appealable cases
Section 375 CrPC- Certain guilty pleas are non-
appealable
No appeal shall lie if the defendant enters a plea of guilty before the high court
and the court records such a plea and finds the defendant guilty.

If the defendant enters a guilty plea in a lower court, an appeal of the sentence
may be made to the high court.

There is a right to appeal a sentence based on:

1. The totality of the punishment.

2. The sentencing process was followed per the law.

Section 376 CrPC- No appeal in petty cases

Petty misdemeanours shall not be subject to appeal. The procedures for
handling petty matters vary by jurisdiction. The following are examples of minor
offences:

 In the instance of the High Court, the possible penalties include either
imprisonment for up to 6 months or a fine of up to Rs 1000, or both.
  Up to three months in jail time, a Rs. 200 fine, or both if found guilty in
court of session.
 Up to 3 months in jail, or a fine of Rs. 200, whichever is greater, if
prosecuted by a metropolitan magistrate.
 There is a Rs 100 fine if you are caught breaking a law in front of a
judicial magistrate.
 Up to Rs. 200 in the instance of a Magistrate authorised under Section
260 of the Criminal Procedure Code.

Important judgements

Dhananjay Rai v. State of Bihar (2022)

The bench consisting of Abhay S. Oka and MM Sundresh, JJ., decided that an
appeal against conviction that was filed by an accused under Sub-Section (2) of
Section 374 of the Code of Criminal Procedure, 1973, cannot be dismissed on
the ground that the accused is absconding. This decision was made in order to
further the cause of criminal justice.

The accused was found guilty by the Sessions Court on September 4, 2009, and
the charges against him were brought under Sections 302 and 120B of the
Indian Penal Code (IPC), as well as Section 27(1) of the Arms Act of 1959. The
accused person took their case to the High Court in Patna, where they filed an
appeal. After some time, it was determined that he had vanished. The appeal
against conviction was thrown out by a division bench of the Patna High Court
on August 25, 2015, for the sole reason that the accused had vanished without
a trace, without any consideration being given to the validity of the appeal. The
High Court ruled that even though the right to appeal is substantial, the
appellant lost his right to do so the minute he misused the legal process by
evading capture. The appellant’s conduct here constitutes willful resistance to
the criminal justice system.

But the Supreme Court did not agree with the High Court’s method when the
High Court acknowledged that it was departing from the established position of
law.

The Court stated that the High Court’s distress about the appellant’s boldness in
evading justice by fleeing the jurisdiction is understandable. Non-prosecution is
not a valid reason to ignore the merits of a previously granted appeal of a
conviction.
As a result, the Court reversed the challenged verdict and sent the case back to
the High Court to be heard again on its merits.

As the appeal is from 2009 and challenges a conviction under Section 302 of the
Indian Penal Code, the Court has stated that it should be given the utmost
attention in being resolved. The Court ruled that “if the appeal could not be
heard within a reasonable time, in that situation, the appellant will have to be
allowed the liberty to seek suspension of sentence” and asked the High Court to
consider the appeal as soon as practicable, ideally within six months.

Jogi v. the State Of Madhya Pradesh (2021)

When hearing a substantive appeal under Section 374 of the Code of Criminal
Procedure of 1973, the High Court must conduct its own analysis of the
evidence and draw its own conclusions about the accused’s guilt or innocence
based on its own evaluation of the evidence in the record.

Dilip S. Dahanukar v. Kotak Mahindra Company

Limited (2007)
An offender who has been convicted has the unalienable right to exercise his or
her appeal under the provisions of Section 374 of the Code. In light of Article
21‘s broad definition, the ability to appeal a conviction that has an impact on
one’s freedom is likewise a basic right. Therefore, the right of appeal cannot be
limited in any way or subjected to any conditions. The right to appeal is
guaranteed by Article 21 of the Indian Constitution and Section 374 of the
Criminal Procedure Code.

Bindeshwari Prasad Singh @ B.P v. State Of Bihar

(2002)
When dealing with an appeal from an acquittal preferred under Section 374 of
the Code of Criminal Procedure, the high court has much broader jurisdiction
than a revisional court exercising jurisdiction under Section 401 of the Code of
Criminal Procedure against an order of acquittal at the instance of a private
party. All arguments that can be made in favour of the petition for revision can
also be made in the appeal, but not the other way around. When the state’s
appeal against the verdict of acquittal is denied, the verdict of the lower court
becomes final. To thereafter exercise revisional jurisdiction under Section 401 of
the Code of Criminal Procedure against the order of acquittal at the instance of
a private party might not be a proper exercise of discretion in such a scenario.

Appellate court
The jurisdiction of an appellate court is laid out in detail under Section 386 of
the Criminal Procedure Code. Although the appellate court has the jurisdiction
to dismiss an appeal summarily, it will only do so if the appeal has not been
dismissed under Section 384. In accordance with Section 386 of the Criminal
Procedure Code, the Appellate Court may dismiss the appeal if it finds that
there is insufficient cause for interfering with the order under appeal.

If the appellate court hasn’t already ruled out the appeal for the reasons stated,
it might:

1. Reverse the lower court’s acquittal decision and remand the matter for
further investigation, a new trial, or commitment, as appropriate; or
find the defendant guilty and impose the appropriate punishment;
2. Reverse the finding and sentence and acquit or discharge the accused,
or order him to be retried by a Court of competent jurisdiction
subordinate to such Appellate Court, or commit him for trial, or 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 in an appeal from a
conviction;
3. Reverse the finding and sentence and acquit or discharge the accused
or order him to be retried by a Court competent to try the offence;
Alter the finding maintaining the sentence; Alter the nature, the
extent, or both, of the sentence, so as to enhance or reduce the same;
With or without altering the finding, alter the nature, the extent, or
both;
4. Modification or reversal of any prior order pending appeal;
5. Make any adjustment or order that is necessary or appropriate to the
punishment; Provided, however, that the sentence shall not be
increased unless the accused has been given a chance to show cause
against such increase.
Further, the Appellate Court shall not impose on the defendant a greater
penalty than that imposed by the court that issued the order or sentence that is
the subject of the appeal. Regarding an appeal that has arisen from an order of
conviction, Section 386(b) provides the Appellate Court with extensive powers,
and the Appellate Court has the authority to even acquit a person who has been
found guilty of an offence by the trial court.

According to Section 386 of the Criminal Procedure Code, a person who has
been convicted has the right to appeal their case, and the Appellate Court has
the authority to, while the appeal is pending, order that the execution of the
sentence or order that is being appealed against be suspended, and also, if the
person is in confinement, that they be released on bail or on their own bond.

Conclusion
An appeal does not result in a new trial. In order to evaluate whether there are
sufficient grounds to grant the appeal, the appellate court instead reviews the
record of the lower court’s proceedings. A complete transcript of the trial as well
as all pre and post-trial motions are included in the record. Appellate courts
don’t just look at the evidence presented in the trial; they also read the briefs
the parties submit. Appellate briefs provide context for the arguments made in
an appeal and lay out the relevant legal issues at stake. Since it was created by
legislation, the appellate court’s authority and jurisdiction must be defined
within the confines of the law. At the same time, an appeals court is a “court of
error,” the purpose of which is to revise the lower court’s ruling if it was
incorrect, and its jurisdiction should be identical to that of the lower court. It
should not and cannot perform an action that the lower court lacked jurisdiction
to execute. Similarly, in circumstances where the trial for conviction was not
held in the High Court, the State Government has the authority to direct the
Public Prosecutor to file an appeal against the sentence on the grounds of
inadequacy with either the session’s court or the High Court. Neither the victims
nor the complainants nor anybody else has been afforded the opportunity to file
an appeal challenging their sentences on the grounds that they are inadequate.
In addition, the court must provide the defendant with a fair opportunity to
present arguments against any proposed sentence enhancement. The defendant
has the right to show cause in order to be exonerated or have his sentence
reduced.

Frequently Asked Questions (FAQs)

What is the format for filing an appeal?

One can only file a petition for appeal in writing. A written petition of appeal
shall be given by the appellant or his pleader, and every such petition shall
(unless the court to which it is presented differently instructs) be accompanied
by a copy of the judgement or order appealed against, as stated in Section 382.

In what circumstances is it possible to have the

appeal dismissed?
Section 394 of the Criminal Procedure Code states that the right to appeal a
conviction or sentence is lost upon the accused’s death, with the exception of an
appeal of a fine.

When an appeal is pending against a conviction and sentence of death or

imprisonment, however, and the appellant dies during the appeal process, the
appeal shall not abate if any of the appellant’s close relatives apply to the
Appellate Court for leave to continue the appeal within thirty days of the
appellant’s death.

What are the grounds for appeal?

1. Legal error.
2. Juror misconduct.
3. Ineffective assistance of counsel.
Is the victim allowed to seek an appeal, and if so,
against what kind of order?
The victim does have the option to file an appeal. The following judgments can
be appealed:

1. Issue a judgement of not guilty,

2. Issue an order finding the accused guilty of a lower offence, and
3. Inadequate compensation ordered.

What are the cases when an appeal is filed?

The following circumstances call for an appeal:

1. A person who has been found guilty in a trial held by a high court may
appeal the decision to the Supreme Court. However, if the trial takes
place before a session judge, extra session judge, or some other court
and the sentence handed down is more than seven years, the
defendant may file an appeal with the supreme court.
2. One has the right to appeal any order that calls for security or that
refuses or rejects surety for the purpose of maintaining peace or good
behaviour.
3. Section 377 of the Criminal Procedure Code provides that if the state
or central government believes that the sentence imposed by the court
is too lenient, they may instruct the public prosecutor to appeal the
decision.

What are the cases when an appeal is filed?

1. No reliance on false testimony unless as required by law: In most
cases, an appeal is only lodged if the law allows it. “No appeal may lie
from any decision or order of a criminal court save as allowed for in
this Code or by any other legislation for the time being in effect,” as
stated under Section 372 of the Criminal Procedure Code.
2. No appeal in minor cases: Section 376 provides that a person
convicted of a minor offence shall not be entitled to an appeal of his or
her conviction.
 CrPC Chapter XXIX

S. 374 Appeals from convictions

Description
1. Any person convicted on a trial held by a High Court in its extraordinary original criminal
jurisdiction may appeal to the Supreme Court.
2. Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge
or on a trial held by any other Court in which a sentence of imprisonment for more than
seven years has been passed against him or against any other person convicted at the same
trial; may appeal to the High Court.
3. Save as otherwise provided in Sub-Section (2), any person;
1. convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge
or Magistrate of the first class or of the second class, or
2. sentenced under section 325, or
3. in respect of whom an order has been made or a sentence has been passed under
section 360 by any Magistrate,
may appeal to the Court of Session.
4. When an appeal has been filed against a sentence passed under section 376, section 376A,
section 376AB, section 376B, section 376C, section 376D, section 376DA, section
376DB or section 376E of the Indian Penal Code, the appeal shall be disposed of within a
period of six months from the date of filing of such appeal1.
1
Criminal Law (Amendment) Act, 2018

Read more at: https://devgan.in/crpc/section/374/

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Central Government Act

Section 374 in The Code Of Criminal Procedure, 1973
374. Appeals from convictions.
(1) Any person convicted on a trial held by a High Court in its
extraordinary original criminal jurisdiction may appeal to the Supreme
Court.
(2) Any person convicted on a trial held by a Sessions Judge or an
Additional Sessions Judge or on a trial held by any other Court in which a
sentence of imprisonment for more than seven years 2 has been passed
against him or against any other person convicted at the same trial], may
appeal to the High Court.
(3) Save as otherwise provided in sub- section (2), any person,-
(a) convicted on a trial held by a Metropolitan Magistrate or Assistant
Sessions Judge or Magistrate of the first class, or of the second class, or
(b) sentenced under section 325, or
(c) in respect of whom an order has been made or a sentence has been
passed under section 360 by any Magistrate, may appeal to the Court of
Session.
INDIAN KANOON SECTION 374 CrPC
- Code of Criminal Procedure - Appeals
from convictions
Description

1. Any person convicted on a trial held by a High Court in its

extraordinary original criminal jurisdiction may appeal to the
Supreme Court.
2. Any person convicted on a trial held by a Sessions Judge or an
Additional Sessions Judge or on a trial held by any other Court in
which a sentence of imprisonment for more than seven years 1
[has been passed against him or against any other person
convicted at the same trial; may appeal to the High Court.
3. Save as otherwise provided in Sub-Section (2), any person;
1. convicted on a trial held by a Metropolitan Magistrate or
Assistant Sessions Judge or Magistrate of the first class or
of the second class, or
2. sentenced under section 325, or
3. in respect of whom an order has been made or a sentence
has been passed under section 360 by any Magistrate,
may appeal to the Court of Session.

Click here to read more from the Code of Criminal Procedure (CrPc),
1973.
 1. CrPC Chapter 29. Appeals
2. CrPC Section 374. Appeals from convictions
3. In Hindi

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दोषसिद्धि से अपील, CrPC, Section 374 in Hindi

Category of Bare Act Name of the Act Year of Promulgation

Criminal Laws Code of Criminal Procedure 1973
Act Number Enactment Date Chapter Number
02 01-04-1974 29
Chapter Title Ministry Department
Appeals Ministry of Home Affairs Department of Internal Security
(1) Any person convicted on a trial held by a High Court in its extraordinary original
criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional
Sessions Judge or on a trial held by any other court in which a sentence of
imprisonment for more than seven years 1 has been passed against him or against any
other person convicted at the same trial, may appeal to the High Court.
(3) Save as otherwise provided in sub-section (2), any person,—
(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge
or Magistrate of the first class, or of the second class, or
(b) sentenced under section 325, or
(c) in respect of whom an order has been made or a sentence has been passed under
section 360 by any Magistrate,
may appeal to the Court of Session.

1. Subs. by Act 45 of 1978, s. 28, for ―has been passed‖ (w.e.f. 18-12-1978).
374Appeals from convictions
(1) Any person convicted on a trial held by a High Court in its extraordinary
original criminal jurisdiction may appeal to the Supreme Court.

(2) Any person convicted on a trial held by a Sessions Judge or an Additional

Sessions Judge or on a trial held by any other court in which a sentence of
imprisonment for more than seven years [has been passed against him or
1

against any other person convicted at the same trial], may appeal to the High
Court.

(3) Save as otherwise provided in sub-section (2), any person,--

(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions

Judge or Magistrate of the first class, or of the second class, or
(b) sentenced under section 325, or
(c) in respect of whom an order has been made or a sentence has been passed
under section 360 by any Magistrate,

may appeal to the Court of Session.

STATE AMENDMENT
Assam

In Section 374 of the Code, in clause (a) of sub-section (3), for the words
"Magistrate of the first class, or of the second class," the words “Magistrate of
the first class, Executive Magistrate or a Magistrate of the second class," shall
be substituted.

[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]

374. Appeals from convictions.- (1) Any person convicted on a trial held by a High Court in its
extraordinary original criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial
held by any other Court in which a sentence of imprisonment for more than seven years 1 [has been
passed against him or against any other person convicted at the same trial]; may appeal to the High
Court.

(3) Save as otherwise provided in sub-section (2), any person,-

(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the
first class or of the second class, or

(b) sentenced under section 325, or

(c) in respect of whom an order has been made or a sentence has been passed under section 360 by any
Magistrate, may appeal to the Court of Session.

STATE AMENDMENTS

Punjab and Union Territory of Chandigarh:

In section 374, in sub-section (3), for the words "Magistrate of the first class" the words "Executive
Magistrate", shall be substituted.

*[Vide Punjab Act. 22 of 1983 (w.e.f. 27-6-1983)]