REVIEW PROCEDURES:

appeals
(Part II sec. 382 to 394)


SAHIL VERMA
B.A. LLB (HONS.)
2019 - 2024
 Filling of Appeal Petition

 Sec. 382 Petition of appeal
 Sec. 383 Procedure when appellant in jail
 Dismissing an appeal

 Sec. 384 - Summary dismissal of appeal
a. Meaning of Summary dismissal
A summary dismissal of the appeal will be legal if the appellate court considers that
there is no sufficient ground for interference. But even in such circumstances it has
been held that a summary decision is a judicial decision which vitally affects the
convicted appellant.

Further, It has been held that when an appeal in the High Court raises a serious and
substantial point, which is prima facie arguable, it is improper for an appellate court
to dismiss the appeal summarily without giving some indication of its view on the
point.

Giving indication on the point will be helpful in serving the ends of justice.
 Procedure for hearing

 Sec. 385 - Procedure for hearing appeals not
dismissed summarily
 Sec. 388 Order of High Court on appeal to be
certified to lower Court
 Sec. 391 - Appellate Court may take further
evidence or direct it to be taken
 Sec. 392 - Procedure where Judges of Court of
Appeal are equally divided
 Powers of appellant court

 Sec. 386 - Powers of the Appellate Court
I. In an appeal from an order or acquittal
II. In an appeal from a conviction
III. In an appeal for enhancement of sentence

 Sec. 390 Arrest of accused in appeal from acquittal

 Sec. 394 - Abatement of appeals
 Judgements & Order

 Sec. 387 - Judgments of Subordinate Appellate
Court

 Sec. 389 - Suspension of sentence pending the

appeal; release of appellant on bail

 Sec. 393 Finality of judgments and orders on

appeal
 

Thank You!