Appeal, Reference & Revision

S. 372, 374, 375, 376

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Appeals: (s 372, 374-376)
S. 372. No appeal to lie unless otherwise provided.
 It’s a statutory right.
 Types of appeal-

Appeal from From sentence Appeal against order

conviction (S. 377)
r ma of acquittal (S. 378)
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(S. 374)

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Section 374 : Appeals from Conviction’s-
From High court Supreme
court
From Sessions Court High Court
From MM,JM I, JM II Session’s
Court
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S. 375: No appeal in certainAcases where accused pleads guilty.
S. 376 No appeal lies in the following cases.
•If conviction is from Plea of guilt(Section 375) : No appeal lies if person pleaded guilty & convicted thereafter.
•Petty cases- no appeal
upto 6 month imprisonment or fine upto 1000 passed by HC
Upto 3 months or fine upto 200/- passed by Sessions court
Only fine of 100/- by JM I
Only fine of 200/- by CJM or MM or JM I in summary trial.
(appeal can be brought in above cases if combined with any other sentence)
Section 389: Suspension of sentence during pendency of appeal.
This section provides that when a criminal undergoing a sentence files an appeal in the appellate court,
his sentence may be suspended on reasonable justifications and causes
Section 378 : Appeal in case of acquittal.
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 A person can file an appeal from the order ofi acquittal.
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Anof right. A person can file an appeal only when the law permits.
 Furthermore, an appeal is not a matter
 Before the amendment act of 2009, the victim had no right to appeal against acquittal. Now the victim
can file such appeal only when the state does not prefer an appeal against the order of acquittal.(S. 372)
Section 394 : Abatement of appeals -On death of the accused.
Reference: S. 395
Any Court
Any case involves a question as to the validity of any Act, Ordinance or Regulation.
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Refer the same for the decision of thehHigh
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Court of Session or a Metropolitan Magistrate may refer to High court.
Any court meanwhile can either commit the accused, to jail or release him on bail.
Revision: S. 397
 The High Court and Court of Session have been empowered to call for and
examine the records of any proceeding and satisfy oneself as to the:
m a of any finding, sentence or order
(a) Correctness, legality or propriety (correctness)
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recorded or passed.
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A of an inferior court.
(b) Regularity of any proceeding
Revision is not maintainable against:
(a) orders which are appealable.
(b) Interlocutory order: The order which is temporary in nature and does not
determine the substantial rights and liabilities of the parties.
Thank you. a
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