Criminal Procedure Code, 1973-Appeal

Appeal is an complaint made by the aggrieved from the decision of the lower court to the superior court asking to rectify the judgement of the lower court.

meaning of appeal

OBJECT OF APPEAL– Is to enable the superior courts to rectify the injustice caused to the aggrieved persons in the lower courts.

Section 372– No Appeal in certain cases unless provided in Criminal Procedure Code.
Section 375– No appeal when the accused person feels guilty,but he can file an appeal challenging the quantum of sentence.
Section 376– NO APPEAL IN PETTY CASES:-
A. When the High Court decides a case and imposes a punishment of imprisonment up to 6 months or fine up to Rs.1,000/- or both there is no appeal;
B. When the court of sessions decides a case and imposes a sentence of imprisonment up to three months or fine up to Rs.200/- or both then there is no appeal;
C. When the magistrate of First Class decides a case and imposes only fine up to Rs.100/- there is no appeal.

Appeal

APPEALS AGAINST CONVICTIONS

1. TO THE SUPREME COURT- ARTICLE- 132,134,136 AND SECTION-374(i) Of Criminal Procedure Code–

a. When the High Court decides a Criminal Case by exercising its Extra-Ordinary Original Criminal Jurisdiction and imposes a sentence on the accused, Appeal lies to the Supreme Court.
b. When the High Court never sees the acquittal order of the lower court and convicts the accused with death penalty or imprisonment for life or imprisonment for 10 years or more, appeal lies to Supreme Court.
c. When the High Court Certifies a case as a fit case one can go in appeal to the Supreme Court.
d. When the High Court refuses the fit certificate still Supreme Court may grant Special Leave to the accused.
e. When the High Court with-draws a case from the lower court and twice it on its own and imposes death penalty, the accused can go to Supreme Court.

2. TO THE HIGH COURT- (SECTION 374(ii))–
From the convictions of Sessions Judge or Additional Sessions Judge or any other court when the sentence is imprisonment for 7 years or more, appeal lies to High Court.

3. TO COURT OF SESSIONS- (SECTION 374(iii))–
a. From the decisions of Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of First Class or Magistrate of Second Class, Appeal lies to Court of Sessions.
b. When the sentence id under Section.325 of Criminal Procedure Code appeal lies to Court of Sessions.
c. When the Order is passed under Section.360 of Criminal Procedure Code.

4. SECTION-377 APPEALS AGAINST IN-ADEQUENCY OF SENTENCE-Can file by the State either before the court of sessions or before the High Court.
SECTION.378 APPEALS AGAINST ORDER OF ACQUITAL CAN BE MADE-By the State either before the cour of sessions or before the High Court.

POWERS OF APPELLATE COURT– SECTION 386:-
Appellate courts enjoy maximum powers–
1. Appellate court can uphold the decision of Upper Court;
2. Can reverse the decision of lower court;
3. Appellate court can alter the nature of sentence;
4. Appellate court can modify the fine amount; AND
5. Appellate court can enhance the sentence or reduce the sentence etc..

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