Code of Criminal Procedure

,1973 –Part-VII
Sanjith.S
Assistant Professor.
Appeals
Appeal is statutory Right-No Appeal unless specifically
Provided by the Code.
Any person,—
(i) who has been ordered under section 117 to give
security for keeping the peace or for good behaviour, or
(ii) who is aggrieved by any order refusing to accept or
rejecting a surety under section 121, may appeal against
such order to the Court of Session
Appeal from Conviction (sec.374)
Appeal to Supreme Court-Any person convicted on a trial
held by a High Court in its extraordinary original criminal
jurisdiction may appeal to the Supreme Court.
Appeal to High Court- 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 seven years has been passed
against him or against any other person convicted at the
same trial], may appeal to the High Court.
 In other cases(sentence on any accused
is 7 years or less than it)
Appeal to Sessions Court -
Following convicted persons may appeal to the Court
of Session :
(a) convicted on a trial held by a Metropolitan
Magistrate or Assistant Sessions Judge or Magistrate of
the first class, or of the second class
(b) sentenced under section 325
(c) in respect of whom an order has been made or a
sentence has been passed under section 360 by any
Magistrate.
No Appeal if the accused Pleads Guilty
where an accused person has pleaded guilty and has
been convicted on such plea, there shall be no appeal:
(a) if the conviction is by a High Court;
(b) if the conviction is by a Court of Session,
Metropolitan Magistrate or Magistrate of the first or
second class, except as to the extent or legality of the
sentence.
No Appeal in Petty Cases(sec.376)
No appeal by a convicted person in any of the following cases, namely:
(a) where a High Court passes only a sentence of imprisonment for a
term not exceeding six months or of fine not exceeding one thousand
rupees, or of both such imprisonment and fine
(b) where a Court of Session or a Metropolitan Magistrate passes only
a sentence of imprisonment for a term not exceeding three months or of
fine not exceeding two hundred rupees, or of both such imprisonment
and fine
(c) where a Magistrate of the first class passes only a sentence of fine
not exceeding one hundred rupees;
(d) where, in a case tried summarily, a Magistrate empowered to act
under section 260 passes only a sentence of fine not exceeding two
hundred rupees
Appeal against sentence(Sec.377)
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 against the sentence on the
ground of its inadequacy— (a) to the Court of Session, if
the sentence is passed by the Magistrate
(b) to the High Court, if the sentence is passed by any other
Court
If the investigation is done by Delhi Special Police
Establishment or any other agency under Central Act
Central Government may also direct the Public Prosecutor.
continued
Court shall not enhance the sentence except after
giving to the accused a reasonable opportunity of
showing cause against such enhancement.
The accused may plead for his acquittal or for the
reduction of the sentence.
Appeal against Acquittal(sec.378)
Appeal to Session Court: An order of acquittal passed by a
Magistrate in respect of a cognizable and non-bailable
offence. The District Magistrate may, in any case, direct the
Public Prosecutor to present an appeal.
Appeal to the High Court: An original or appellate order of
acquittal passed by any Court other than a High Court not
mentioned above or an order of acquittal passed by the
Court of Session in revision.
If the investigation is done by Delhi Special Police
Establishment or any other agency under Central Act
Central Government may also direct the Public Prosecutor.
 Appeal against Acquittal to the High Court
requires the Leave of the Court
No appeal from the government side from an order of
Acquittal to the High Court without the leave of the Court.
No Appeal to the High Court against order of Acquittal on
a case instituted on a complaint except on a special leave
granted on application
High Court shall not entertain such an application for
special leave if 60 days completed after the order of
Acquittal. If the Complainant is a public servant it is 6
months.
If such an application for special leave is rejected, appeal
from the government side is also not allowed.
 Appeal to the Supreme Court under
the Constitution(Art.132)
Appellate jurisdiction of Supreme Court in appeals
from High Courts in certain cases:
An appeal shall lie to the Supreme Court from any
judgment, decree or final order of a High Court in the
territory of India, whether in a civil, criminal or other
proceeding, if the High Court certifies under Article
134A that the case involves a substantial question of
law as to the interpretation of this Constitution
continued
Where such a certificate is given, any party in the case
may appeal to the Supreme Court on the ground that
any such question as aforesaid has been wrongly
decided.
the expression final order includes an order declaring
an issue which, if decided in favour of the appellant,
would be sufficient for the final disposal of the case.
Appeal to the Supreme Court under
Constitution in certain other cases(Art.134)
An appeal shall lie to the Supreme Court from any
judgment, final order or sentence in a criminal proceeding
of a High Court in the territory of India if the High Court
(a) has on appeal reversed an order of acquittal of an
accused person and sentenced him to death;
(b) has withdrawn for trial before itself any case from any
court subordinate to its authority and has in such trial
convicted the accused person and sentenced him to death
(c) certifies under article 134A that the case is a fit one for
appeal to the Supreme Court.
Appeal to the Supreme Court on the Certificate under
Art.134A is subject to
The rules made by the Supreme Court under Art.145
The condition the High Court may prescribe.
Parliament may by law confer on the Supreme Court any
further powers to entertain and hear appeals from any
judgment, final order or sentence in a criminal proceeding
of a High Court in the territory of India subject to such
conditions and limitations as may be specified in such law.
Appeal to the Supreme Court under
Art.134(2) r/w Sec.379
Parliament may by law confer on the Supreme Court any
further powers to entertain and hear appeals from any
judgment, final order or sentence in a criminal proceeding
of a High Court in the territory of India subject to such
conditions and limitations as may be specified in such law.

Where the High Court has, on appeal, reversed an order of

acquittal of an accused person and convicted him and
sentenced him to death or to imprisonment for life or to
imprisonment for a term of ten years or more, he may
appeal to the Supreme Court.
Certain special Rights of Appeal.
when more persons than one are convicted in one trial, and
an appealable judgment or order has been passed in respect
of any of such persons, all or any of the persons convicted at
such trial shall have a right of appeal. (sec.381)
the victim shall have a right to prefer an appeal against any
order passed by the Court acquitting the accused or
convicting for a lesser offence or imposing inadequate
compensation, and such appeal shall lie to the Court to
which an appeal ordinarily lies against the order of
conviction of such Court. (sec.372 proviso)