APPEALS IN CRIMINAL PROCEDURE CODE (CRPC) OF INDIA

The term appeal is not defined in the Criminal Procedure Code. Thus, the Dictionary meaning of appeal is “an appeal is a complaint or grievance to a superior court for reconsideration or review of a decision, verdict or sentence of a lower court.

The Object of the chapter Appeal in the Criminal Procedure Code is for following reasons:-

i. A judge can commit error too.

ii. To preserve Art. 21 of the Constitution of India which guarantees life and liberty to every citizen, as one of the Fundamental rights.

iii. It is necessary that a person aggrieved by an order of the court of first instance may be able to challenge it by preferring an appeal.

iv. Method of correction.

What should be the Essential for raising an appeal:-

i. A decision (which is usually judgment of a court)

ii. A person aggrieved (normally though not necessarily a party to the original proceedings)

iii. A reviewing authority ( appealable court)

CRIMINAL PROCEDURE CODE SECTIONS ON APPEAL

· Section 372:- No appeal will lie from any judgment or order of a criminal court, except as provided by the Criminal Procedure Code or by any other law for the time being in force.

PROVIDED the victim can file appeal against any order passed by the court acquitting the accused or convicting him for a lesser offence or awarding inadequate compensation.

WHERE TO FILE same court in which appeal against conviction would be filed.

· Section 373 :- Appeal to be filed in Sessions court (a) who has been ordered, under Section 117, to give security for keeping the peace or for good behavior.(b) who is aggrieved by any order refusing to accept or rejecting a security under Section 121.

PROVIDED it won’t apply to persons who’s proceedings are before sessions judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 122.

· Section 374 :- Appeals from Convictions

(1)Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction can 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 7 years (has been passed against him, or against any other person convicted at the same trial) may appeal to the High Court.

PROVIDED in Sub-section (2)

i. Convicted on trial held by Metropolitan Magistrate or Assistant sessions judge or Magistrate of the first class, or of the second class.

ii. Sentence under section 325

iii. Against whom order has been made or sentence passed under section 360 by any Magistrate, may appeal to court of sessions.

· Section 375 :- No appeal when accused pleads guilty

· Section 376 :- No appeal in petty cases

· Section 377:- Appeal by state Government against Sentence. The state or the central government can prefer an appeal for enhancement of sentence. 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 to the Court of Session or to the High Court against the sentence on the ground of its inadequacy.

· Section 378 :- Appeal in case of acquittal

i. District magistrate to direct Public Prosecutor to present appeal to sessions court from an order of acquittal passed by a Magistrate in respect of cognizable and non-bailable offence.

ii. Acquittal order of lower court than High Court, appeal against acquittal to be presented before the High Court. [Leave of High Court necessary]*

* Leave to appeal under section 378(4) is an appeal against an order of acquittal of a case instituted upon a complaint.

· Section 379:- Appeal against conviction by High Court in certain cases. Appeal to lie before Supreme Court when the High Court has revised or confirmed the order of lower court.

· Section 380:- Special right of appeal in certain cases. More person than one convicted in one trial, and an appealable judgment or order has been passed in respect of any such persons, all or any of the persons convicted at such trial have a right to appeal.

· Section 381:- Appeal to Sessions. To be heard by sessions judge or additional session judge.

· Section 382:- Petition of Appeal

i. Should be in writing presented by the pleader, unless provided that petition to be accompanied by a copy of the judgment or order which is appealed against.

· Section 383 :- Procedure when appellant is in Jail

Is presented by the officer-in charge of the jail who the forwards same to appellant court.

· Section 384 :- Summary dismissal of appeal.

Upon examining the petition of appeal, the appellant court does not find sufficient ground for interfering with the judgment appealed against, it may dismiss the appeal summarily.

PROVIDED,

a. Appellant/pleader was given reasonable opportunity of being heard.

b. Under section 383. (i) reasonable opportunity given. (ii) Production of accused could create inconvenience or appeal is frivolous.

c. No appeal can be dismissed unless the period of appeal is over.

· Section 385 :- Procedure for hearing appeals not dismissed summarily. Appeals not dismissed summarily, required to give notice of time and place when the appeal will be heard

a. To the appellant or his pleader.

b. To such officer as the state government may appoint for this purpose.

c. To the complainant, if appeal is from a judgment of conviction in case instituted upon a complaint.

d. To the accused, if it is an appeal by state government against acquittal or any other sentence.

· Section 386:- Powers of the Appellate Court.

After perusing the record and after hearing the parties, the court may dismiss the appeal, allow the appeal or pass any other order in the interest of justice.

PROVIDED reasonable opportunity to the accused is to be provided.

· Section 387:- Judgment of Subordinate appellate court. It will apply so far as may be practicable to the judgment in appeal of a Court of Session or Chief Judicial Magistrate.

· Section 388:- Order of High Court on appeal to be certified to lower court who’s order was appealed against. After certifying, the court may conformable to the judgment or order of the High Court and if necessary the record shall be amended in accordance therewith.

· Section 389 :- Suspension of sentence pending the appeal, release of appellant on bail. It is an order of suspension of sentence and not that of conviction.

PROVIDED bail bond – say of Public Prosecutor before releasing appellant who is convicted for a term of not less than 10 years.

PROVIDED cancellation of bail by Public Prosecutor.

· Section 390 :- Arrest of accused in appeal from acquittal under section 378, High court to issue a warrant directing the arrest of the accused. The court may then commit him to prison or release on bail.

· Section 391 :- Appellate court may take further evidence or direct it to be taken. The appellate court may direct to take additional evidence in the matter pending before it in appeal or take evidence itself.

· Section 392 :- Procedure where Judges of court of appeal are equally divided. When judges are divided in opinion, appeal to lie before another judge, who’s opinion stays final.

PROVIDED a larger bench can also be consulted in case, if the judge so require.

· Section 393 :- Finality of Judgment and orders on appeal. Judgment or orders passed by appellate to be final, except is Section 377, 378, 384 (4) or chapter XXX.

PROVIDED even after final disposal in appeal against conviction, the appellate court may hear and dispose of, on its merits (a) an appeal against acquittal under section 378, arising out of same case. (b) Appeal for enhancement of sentence under section 377, arising out of same case.

· Section 394 :- Abatement of appeals

a. Appeals under section 377 and section 378 to be abated on death of accused.

b. Appeal under other chapter (except an appeal from a sentence of fine) to be abated on death of appellant.

PROVIDED in appeal against conviction and sentence of death or of imprisonment, the appellant dies, it, in this case- his near relative can seek leave of the court to continue the appeal within 30 days of the death of the appellant. When leave is granted the appeal does not get abated.

Ø One right of appeal is more or less a universal requirement.

Ø Appeal is not a natural or inherited right but it’s a statutory right and must be governed by the statue.

Ø Appeal is continuation of the original proceedings.