Who has the right to Appeal in a Criminal Case?

The word “appeal” though not defined in the Criminal Procedure Code, 1973, in the English language refers to a legal proceeding by which a case is brought before a higher court to review the decision of a lower court.

Thus, as per the hierarchy of the criminal courts in India, one may appeal the judgement given by a trial court in the High Court and may also appeal the order of the High Court in the Apex Court, i.e The Supreme Court of India. Being the Apex Judicial Body, any order by the Supreme Court is final, except a few cases. The Constitution of India, CrPC and the Supreme Court Act, 1970 are the governing statutes that provide for extensive discretionary powers enjoyed by the Supreme Court.

An appeal can be made in the abovementioned courts using the following provisions :

1.   Appeal to the Supreme Court { Section 374 (1)}

An appeal to the Supreme Court may be made by any person who has been convicted on a trial by the High Court using its powers of extraordinary original criminal jurisdiction.

2.   Appeal to the high Court {Section 374 (2) }

An appeal to the High Court can be made by any person who has been convicted on trial held by the Sessions Judge, or an Additional Sessions Judge, or on a trial by any other court in which the sentence so passed exceeds a period of 7 years and any other person convicted at the same trial.

3.   Appeal to the court of Sessions {Section 374 (3)}

The court of sessions may grant an appeal to any person who has been :

  1. Convicted in a trial by a metropolitan magistrate or an assistant sessions judge of either first or second class.
    1. The accused has been convicted under section 325. (when Magistrate cannot pass sentence sufficiently severe)
    1. Wherein an order has been made or a sentence has been passed under S.360 (Order to release on probation of good conduct or after admonition) has been made by the magistrate.

4.   Special right of appeal in certain cases {Section 380}

Wherein more than one person has been convicted in a single trial, and an appealable judgment on the same has been passed in respect to any one of them, in such a case then, all or any of them so convicted of such a trial have the right to appeal.

Who has the right to Appeal in a Criminal Case?

The word “appeal” though not defined in the Criminal Procedure Code, 1973, in the English language refers to a legal proceeding by which a case is brought before a higher court to review the decision of a lower court.

Thus, as per the hierarchy of the criminal courts in India, one may appeal the judgement given by a trial court in the High Court and may also appeal the order of the High Court in the Apex Court, i.e The Supreme Court of India. Being the Apex Judicial Body, any order by the Supreme Court is final, except a few cases. The Constitution of India, CrPC and the Supreme Court Act, 1970 are the governing statutes that provide for extensive discretionary powers enjoyed by the Supreme Court.

An appeal can be made in the abovementioned courts using the following provisions :

1.   Appeal to the Supreme Court { Section 374 (1)}

An appeal to the Supreme Court may be made by any person who has been convicted on a trial by the High Court using its powers of extraordinary original criminal jurisdiction.

2.   Appeal to the high Court {Section 374 (2) }

An appeal to the High Court can be made by any person who has been convicted on trial held by the Sessions Judge, or an Additional Sessions Judge, or on a trial by any other court in which the sentence so passed exceeds a period of 7 years and any other person convicted at the same trial.

3.   Appeal to the court of Sessions {Section 374 (3)}

The court of sessions may grant an appeal to any person who has been :

  1. Convicted in a trial by a metropolitan magistrate or an assistant sessions judge of either first or second class.
    1. The accused has been convicted under section 325. (when Magistrate cannot pass sentence sufficiently severe)
    1. Wherein an order has been made or a sentence has been passed under S.360 (Order to release on probation of good conduct or after admonition) has been made by the magistrate.

4.   Special right of appeal in certain cases {Section 380}

Wherein more than one person has been convicted in a single trial, and an appealable judgment on the same has been passed in respect to any one of them, in such a case then, all or any of them so convicted of such a trial have the right to appeal.


Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

You may also like to read:

Your Turn Now to spread kindness – Aishwarya Sandeep

My unexpected life – Aishwarya Sandeep

My Husband Does Not Read My Work – Aishwarya Sandeep

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