Appeals in Crpc.pptx

Appeals in crpc | all sections

1. Appeals in Crpc Sections 372 to 405

2. We will study about When you CANNOT appeal ? Who can appeal and for What purpose ? Appeals to Sessions Court Appeals to High Court Appeals to Supreme Court  General procedure Power of Appellate Court Finality of Judgement Miscellaneous Sections

3. When you can not appeal ? Section 372- No appeal to lie unless otherwise provided (Victim shall have a right to appeal) Section 375- No appeal in certain cases when accused pleads guilty Section 376- No appeals in petty cases ( HC --- Imprisonment< 6 months, Fine< Rs. 1000) (Session/Metropolitan M.--- Impri..<3 months, Fine< Rs. 200) (Magistrate of 1 st class--- Fine< Rs. 100) ( In a case tried summarily Magistrate passes only a sentence of fine)

4. Who can appeal and for What purpose ? Convicted Person (Section 374) State/ Prosecutor (Section 377) Victim (Amendment in Section 372)

5. Appeals to Court Appeal to Session Court Appeal to High Court ( Session Court give Punishment > 7 Years) Appeal to Supreme Court ( When High Court, on appeal reverse the order of acquittal and convict the person for imprisonment for more than 10 years or death, appeal lies in Supreme Court . As per Article 132(I), when substantial question of law is involved. As per Article 134(I), when High court exercise extra ordinary jurisdiction(taking trial court case) or reversing the order of acquittal and giving death sentence. Certifies under Article 134-A that the case is a fit one for appeal to Supreme court. As per Article136 by Special Leave Appeal.

6. General Procedure Format of an Appeal. Section 382 only mentions that appeal should be in writing and the copy of judgement or order appealed against should be attached to it. It's not necessary that grounds to be mentioned in appeal petition, however they can be stated in appeal.

7. Summary Dismissal Section 384 provides that appeals can be dismissed summarily if Court considers that there is no sufficient ground for interfering with decision of lower court..  However before dismissal,  reasonable opportunity must be given to appellant or his lawyer. If appeal is presented from Jail, then also that person must be given a hearing before dismissing the appeal. Section also provides that appeals should not be dismissed before expiry of period allowed for preferring such appeal. If appeal is summarily dismissed by Sessions Court of CJM, then they should record the reasons for dismissing the appeal.

8. Hearing Process If appeal is NOT dismissed summarily, then Court will proceed to hearing the parties involved. Appellate court will send the notice about time and place to appellant or his pleader, State Officer, Complainant (If case is instituted by complainant). With notice grounds for appeals should also be stated to parties involved. For example is accused had filed an appeal, then grounds needs to be stated State Officer etc.

9. Judgment After hearing the appeal, Court shall deliver a judgment.  So this is how normal procedure will be carried out. First filing, then dismissal if court think so, then hearing process if not dismissed and then judgement.!

10. Power of Appellate Court Section 386 contains provisions related to Power of Appellate Court. Appellate court may Dismiss the appeal In an appeal against acquittal, may direct the lower court for retrial or further inquiry. In an appeal against conviction May reverse the finding and discharge or acquit the accused, or order him to be re tried by lower court alter the finding maintaining the sentence Alter the sentence or nature of sentence. In an appeal for enhancement of sentence Reverse the finding and may even discharge or acquit the accused, or order the court for retrial Alter the sentence (Enhance the sentence)

11. Finality of Judgement and Orders on Appeal Section 393 categorically states that judgement and orders on appeals are final. However there are certain exception. They are When appeal is under Section 377(an appeal against inadequacy of sentence)  Section 378 (an appeal against acquittal) Section 384(4) - Regular appeal after dismissal of Jail appeal Chapter 30(an application for reference and revision)  Apart from disposal of appeals on convictions, court can dispose of appeal under 377 and 378 in Same cases.  For example, Convict files an appeal against conviction. In the same case State may file for enhancement. In that case Court can give judgement and orders which would be final.