UTTARA UNIVERSITY

ASSIGNMENT
ON
THE CODE OF CRIMINAL PROCEDURE PART- II
COURSE CODE: LLB-802

Topics:
a) What is appeal?
b) Describe in which cases an appeal shall lie and in which cases shall not.
c) To which court an appeal shall lie from the order of sentence, acquittal & insufficient
punishment?
d) Is there any scope for second appeal in CrPC?
e) Describe the difference between an appeal & revision.

Submitted to
Md. Naimul Hasan
Lecturer
Department of Law
Uttara University

Submitted by
Md. Arif Hossain
LL.B.(Hons) 8th Semester
Batch:43(B) Summer,20
ID: 2181261064
Uttara University
Submission date : 22-08-2020
 Question No -(a)

a) What is appeal?

Answer:

A judge as a human being can make mistake on determining the question, because no human
being is totally errorless. It is the nature of the human being to make mistake. And for this
reason provision of appeal has been appeared in law.

Definition of Appeal:
Generally, the term “appeal” means to request earnestly. But in law it has a different
meaning. According to law it is a judicial request to the superior court to review any
judgment of lower court. It is the “judicial examination of the decision by a higher court of
the decision of an inferior court.”1Whatsoever, the term “appeal” has not been defined in
CrPC 1898, so we have to depend on various legal expats and case references

 According to C.K. Takwani, “appeal is a proceeding by which the defeated party

approaches a higher authority or court to have the decision of a lower authority or
court reversed.”

 According to P.G. Osborn, appeal means “any proceeding taken to rectify an

erroneous decision of a court by bringing it before a higher court”

 In Wharton’s Law-Lexiconthe term ‘appeal’ has been defined as “the removal of a

cause from an inferior to a superior court, for the purpose of testing the soundness of
the decision of the inferior court.

 In Nagendra Nath Dey vs. Suresh Chandra Dey it was held that, “appeal is a remedy
provided bylaw for getting the decree of the lowest court nullified, and is in fact, a
complaint made to a higher court that the decree of the lower court is unsound and
wrong.

So, it can be said that, the word “appeal” means the right of carrying a particular case from an
inferior to a superior court with a view to ascertaining whether the judgment is sustainable.
In another words, an appeal is a process for requesting a formal change to an official decision.
 Question No -(b)

b) To which court an appeal shall lie from the order of sentence, acquittal & insufficient
punishment?

Answer:

To which court an appeal shall lie from the order of sentence:

 To the Chief Judicial Magistrate under section 407; or

 To the Court of Session Judge under section 408; or
 To the High Court Division under section 408 & 410

To which court an appeal shall lie from the order of acquittal:

 To the High Court division under section 417; or

 To the Court of Session under section 417

To which court an appeal shall lie against the order of insufficient or inadequacy punishment:

 To the High Court Division under section 417A; or

 To the concerned Appellate Court under section 417A.

Question No -(b)

c) Describe in which cases an appeal shall lie and in which cases shall not.

Answer:

Without some exception an Appeal shall lie in the following cases:

 Appeal from sentence of Magistrate of the second and third class will lie to the Chief
Judicial Magistrate (sec. 407).
  Appeal from sentence of Joint Sessions Judge or Metropolitan Magıstrate or any
Judicial Magıstrate of the first class will lie to the Court of Session (section 408).

 Appeal against sentence of imprisonment for a term exceeding 5 years or any sentence
of transportation will lie to the High Court Division (sec. 408).

 Appeal against conviction tor sedition under section 124A of the Penal Code by a
Magistrate shall lie to the High Court Division (Sec. 408)

 Appeal from sentence of Court of Session or Additional Session will lie to the High
Court Division (sec. 410).

 Appeal from the order of acquittal will lie to the High Court Division or the Court of
Session (sec. 417)

 Appeal against inadequacy of sentence will lie to the High Court Division or the
Concern Court (sec. 417A)

 Appeal against an order rejecting for the delivery of property or the proceeds of the
sale under section 89 will lie to the court to which appeals ordinarily lie from he
sentence of the former court (sec. 405)

 Appeal against an order requiring security tor keeping the peace or for good behavior
by a Magistrate will lie to the Court of Sessions (Sec. 406)

 Appeal against an order refusing to accept or rejecting a surety under section l22, if
made by the chief Metropolitan Magistrate or Chief Judicial Magistrate or Dıstrict
Magistrate, to the Court of Session; if made by Metropolitan Magistrate other than
MM, to the CMM; if made by any other Magistrate whether executive or judicial to
the D1strict Magistrate or to the Chief Judicial Magistrate (sec. 406A).

In the following cases an appeal shall not lie:

 No appeal in certain cases when accused pleads guilty: Where an accused person has
pleaded guilty and has been convicted by a Court of Session or any Metropolitan
 Magistrate or Magıstrate of the first class on such plea, there shall be no appeal except
as to the extent or legality of the sentence. (sec. 412)

 No appeal in petty cases: There shall be no appeal by a convicted person in cases in

which a Court of Session passes sentence or imprisonment not exceeding one month
only. (sec. 413)

 . There shall be no appeal by a convicted person in cases in which a Court of Session

or Chief Judicial Magistrate, or Metropolitan Magistrate, or other Magistrates of the
first class passes a sentence of fine not exceeding8 itty 1aka only (sec. 413).

 There is no appeal from a sentence of imprisonment passed by such Court of

Magistrate in default of payment of tine when no substantive sentence of
imprisonment has also been passed (sec. 413).

 No appeal from certain summary convictions: There shall be no appeal by a convicted

person in any case tried summarily in which a Magistrate empowered to act under
section 260 passes a sentence of fine not exceeding two hundred Taka only. (sec. 414)

 There shall be no appeal merely on the ground convicted is ordered to find security to
keep the peace (sec. 415).

Question No -(c)

d) Is there any scope for second appeal in CrPC?

Answer:
Yes, there is a scope for second appeal in the Code of Criminal Procedure, 1898. Judgement
an order of an appellate court shall be final except in two cases:
a) Appeal in case of acquittal under section 417
b) Appeal against inadequacy of sentence under section 417A
Thus unlike in civil cases there are provisions for second appeal in cases in two specified
cases.

Question No -(c)

e) Describe the difference between an appeal & revision.

Answer:

There are following distinction between Appeal and Revision:

 Appeal is a right of carrying a particular case from an inferior to a superior court with
a view to ascertaining whether the judgment is sustainable whereas Revision is purely
discretionary remedy granted by a higher court with a view to correction miscarriage
of justice.

 Section 404 to 431 of CrPC deals with criminal Appeal on the other hand section 435
to 440 and 442 to 442A deals with Revision.

 Ordinarily appellate jurisdiction involves rehearing on question of law as well as on

facts of the Case whereas revisional jurisdiction involves only the question of law and
this jurisdiction is never considered a rehearing.

 Appeal can never be suo motu, the aggrieved party must have to invoke appellate
jurisdiction whereas the revisional Jurisdiction may be exercised by the court suo
motu.

 There is a scope of second appeal but there is no scope of second revision.

 In appeal the court bound to hear witnesses whereas in revision is not bound to hear
witnesses he can hear witnesses if he thinks fit.

 In appeal application is condition but in revision the application is not conditions.

 An appeal is considered to be a continuation of the original proceeding whereas

unlike appeal revision IS not the continuation of the original proceeding [22 DLR (SC)
192].

 In appeal must need Lawyer but in revision lawyer is not mandatory.

 Revision is a discretionary remedy and cannot be claimed as of right but appeal is a
right-based remedy and can be claimed as of right if there is Statutory existence of it.

 Revision being it a purely discretionary remedy, the High Court Division may not
interfere even after the fulfillment of all the conditions of revision. However, after the
fulfillment of conditions of an appeal the appellate court cannot reject the appeal.