A COMPARATIVE STUDY ON CRIMINAL APPELAS IN INDIA,USA,UK AND SOME

OTHER COUNTRIES.

INTRODUCTION:- The term “appeal” has not been defined in the any act or code . According
to the BLACK’S LAW DICTIONARY meaning, 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. It
has been said that every human being is fallible and a judge is not an exception. It is thus
possible that even a judge may err or commit mistake and his decision may be wrong or faulty. A
right of Appeal is not a natural or inherent right. Rights of appeal are increasingly ubiquitous.
The ability to appeal against conviction and sentence is, in most jurisdictions, a matter of right,
either statutory or constitutional. But this has not always been the case. The right to appeal is a
comparatively recent addition to the common law criminal process. For centuries, these legal
systems, in stark contrast to those of continental Europe, did not provide a means by which
defendants could effectively challenge their convictions. Like in India It is a statutory right and
must be governed by the statute which grants it.

RIGHT OF APPEAL SERVES FOLLOWING PURPOSES

 The primary function of the modern right of appeal is to protect miscarriages of justice.
 A second function of criminal appeals is to maintain consistency in trial courts.
 Third, appeals serve important institutional functions. They provide legitimacy to the
criminal justice system as a whole.

INTERNATIONAL REGIMES ON RIGHT TO APPEAL:

The United Nations Human Rights Committee and the European Court of Human Rights, which
respectively oversee the implementation of the right in the International Covenant on Civil and
Political Rights (hereinafter the ICCPR) and the Convention for the Protection of Human Rights
and Fundamental Freedoms.
The Right to Appeal under the ICCPR
Article 14(5) of the ICCPR guarantees a right of appeal in broad and unequivocal terms:
“Everyone convicted of a crime shall have the right to his conviction and sentence being
reviewed by a higher tribunal according to law.”
The Right to Appeal in European Countries
The European Convention does not require states to provide a system of appellate review.169
However, if a right of appeal is granted, article 6, guaranteeing the right to a fair trial, applies
to the proceedings. The right to appeal is instead found in article 2 of Protocol No. 7 to the
European Convention.
However in France appeals often precede de novo. The particular scope of an appeal depends on
the court from which the appeal is taken. The overwhelming majority of appeals are from
correctional or contravention courts (in which all but the most serious of felonies are tried). In
Germany, appeals are as of right against all trial judgments. In Italy, appeals remain an integral
part of the criminal process and are as of right from any court of first instance. They are
conceived of as a continuation of the trial. At the first appellate level, full de novo review will
take place, if sought, involving a second complete adjudication of all factual and legal issues and
the hearing of new evidence.

HISTORY AND EVOLUTION OF APPEAL IN CRIMINAL LAW IN COMMON LAW

COUNTRIES

The criminal appeal, in the common law world, is of recent origin. In England, the United States,
and Canada, the proposition that those convicted of crimes should have the right to challenge
their convictions only took root around the turn of the twentieth century. In order to understand
the place the criminal appeal now occupies in common law jurisdictions; this section focuses
predominantly on its development in England, although some mention is made of the United
States and Canada. While criminal appeals were unknown to the common law for centuries,
various archaic forms of review were available to defendants the writ of error was a further, but
“disappointingly impotent, “method of review. It was the only means by which the record in a
criminal case could be considered by a higher court after judgment.

The writ of error, a close relation of certiorari, issued from a superior court for the purpose of
“reviewing and correcting the record of proceedings in an inferior court The writ of error became
all but obsolete in 1848, with the establishment of the Court for Crown Cases Reserved During
the second half of the nineteenth century, pressure began to build for a right to appeal in criminal
cases. Between 1844 and 1906, thirty-one bills concerning appeals were introduced to
Parliament, but only one, limited to appeals on questions of law, was enacted Around the turn of
the twentieth century, the central pillar of the judicial opposition to a right of appeal was
fractured by two notorious miscarriages of justice: the wrongful convictions of Adolf Beck and
George Edalji

In 1907, the Criminal Appeal Act was passed. The Act established the Court of Criminal Appeal,
which absorbed the jurisdiction of the Court for Crown Cases Reserved, and it abolished both
writs of error and the High Court’s power to grant new trials Although a system of appellate
review in Canada was enacted prior to that in England, it was heavily influenced by the debates
on the issue that were taking place in the second half of the nineteenth century.

The Criminal Code of 1892, which established “a system for broad means of appeal on questions
of both law and fact,” drew heavily from proposals submitted to the English Parliament by the
Criminal Code Bill Commission in 1879 The criminal appeal in continental Europe has its
origins in the inquisitorial procedure. It emerged much earlier than in England and has remained
a persistent feature of continental criminal procedure. Indeed appeals are now commonly
regarded as a fundamental right.
A COMPARATIVE STUDY OF CRIMINAL APPEAL IN INDIA, US AND UK

INDIA Unlike United Kingdom and United States, India has a single court system. The highest
court of nation is the Supreme Court of India. Next below is the High Court. Each State has a
High Court. States of Punjab and Haryana have a common High Court. Below the High Court
there are District and Sessions courts which will be preceded by a District Judges. Below the
District Judges there are Subordinate Judges and Chief Judicial Magistrates. In some states,
Additional District Judges act as Chief Judicial Magistrates. But, in many states, the Sub Judges
and Chief Judicial Magistrates are of similar designation. They are mainly known as Senior Civil
Judges. Below the Sub Judges/ Senior Civil Judges are the Munsiffs/ Junior Civil Judges and
Magistrates. In civil matters, the Senior Civil Judges have appellate jurisdiction over Junior Civil
Judges in certain matters. The appellate jurisdiction over the Magistrates is with the District and
Sessions Judges. High Courts and Supreme Court are courts of record. Unlike the United States
and United Kingdom, the Supreme Court of India has jurisdiction over all the courts in India.
The hierarchy of the Criminal Courts in India can be understood through the following chart:-

The criminal justice processes have serious repercussions for an individual’s right to life and
personal liberty and therefore, the decisions of lower courts should be scrutinized to obviate any
miscarriage of justice. Every institution created by humans is fallible and so is true of courts. It is
this realization that demands that the laws on criminal procedures contain specific provisions on
appeal against a judgment or order of the courts. The Code of Criminal Procedure, 1973
(hereinafter CrPC), contains elaborate provisions on appeals against a judgment or order of the
criminal courts. However, CrPC provisions are not the only provisions wherein one can find the
process pertaining to appeals. Several of special and local legislations incorporate appellate
process which may mark a departure from the general appellate process contained in CrPC.
CHAPTER XXXIX (SECTION 372 – 394 OF CRPC) DEALS WITH CRIMINAL
APPEALS.

SECTION 372 provides, no appeal lies except otherwise provided by the Code or by any other
law for the time being in force. Under Articles 132, 134 and 136 of the Constitution of India, it
may be possible to present an appeal to the Supreme Court against the order of acquittal passed
by the High Court.

SECTION 373 – APPLIES TO APPEALS FROM

1. Orders requiring security for keeping peace or good behaviour and

2. Against order refusing to accept or rejecting to accept or rejecting a surety under s. 121.

The appeal lies to Court of Session, except, of course, in cases where under sub-s. (2) Or (4) of
S. 122, the proceedings are already laid before the Session Judge.

SECTION 374: APPEALS FROM CONVICTIONS Any person convicted on a trial held by
a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme 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 Save as otherwise provided in sub-section (2), any person, convicted on a trial
held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or
of the second class, sentenced under section 325, or in respect of whom an order has been made
or a sentence has been passed under section 360 by any Magistrate, may appeal to the Court of
Session. While disposing of appeals from the sentences of the Sessions Court under this Section,
the High Court should specify the reasons for rejection of appeal and should not reject it
summarily. This will enable the Supreme Court to know the view of the High Court, in case the
appellant moves the Supreme Court in appeal. For computing the sentence of imprisonment for
seven years for the purpose of ascertaining the appellate forum under Section 374 (2), the
sentence in default of payment of a fine is not to be added to the substantive sentence of
imprisonment. An appeal from an order of acquittal must be filed within the period of limitation
prescribed by Article 114 of the Schedule of the Limitation Act, 1963. For the extension of the
period of limitation, and for exclusion of time in computing the period of limitation, Sections 5
and 12 of the Limitation Act, 1963 would be useful

NO RIGHT OF APPEAL Section 375 and 376 bar appeals in certain cases, though a provision
of Revision is maintainable. Thus no appeal shall lie- Where a High Court passes a sentence of
imprisonment not exceeding six months or fine not exceeding one thousand rupees or both;
Where a Court of Session or a Metropolitan Magistrate passes a sentence of imprisonment not
exceeding three months or fine not exceeding two hundred rupees or both; Where a Magistrate of
the First Class passes a sentence of fine not exceeding one hundred rupees; or Where in a
summary case, a Magistrate passes a sentence of fine not exceeding two hundred rupees.

APPEAL FOR ENHANCEMENT OF SENTENCE Section 377 confers right on the

Government to file an appeal against the inadequacy of sentence awarded by any court other than
a High court. If the sentence appears to be manifestly inadequate resulting in failure of justice,
the appellate court can interfere with it and can enhance the sentence. But at the same time, the
high court can also exercise its revisional jurisdiction, suo motto call for the record and enhance
the sentence in appropriate cases after giving an opportunity to the accused. The appellate court
must pass a speaking order for enhancing the sentence. A bold statement that the ends of justice
demanded enhancement of sentence was held insufficient by courts. An appeal under Section
377 must be filed by the State within a period of 60 days and the contention of the State that it
was under a mistaken belief that period of limitation is ninety days would be no excuse for condo
nation of the delay.

APPEAL IN CASE OF ACQUITTAL Under Articles 132, 134 and 136 of the Constitution of
India, it may be possible to present an appeal to the Supreme Court against the order of acquittal
passed by the High Court. An appeal from an order of acquittal must be filed within the period of
limitation prescribed by Article 114 of the Schedule of the Limitation Act, 1963. For the
extension of the period of limitation, and for exclusion of time in computing the period of
limitation, Sections 5 and 12 of the Limitation Act, 1963 would be useful.

SECTION 379 – APPEAL AGAINST CONVICTION BY HIGH COURT IN CERTAIN

CASES 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.

SECTION 380- SPECIAL RIGHT OF APPEAL IN CERTAIN CASES Notwithstanding

anything contained in this Chapter, 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 person, all or any of
the persons convicted at such trial shall have a right of appeal

SECTION 383 – APPEAL FROM JAIL Where a convict is in jail and intends to challenge his
conviction, he can file an appeal from jail by presenting it to the officer in charge of the jail. It is
the duty of the jail officer to forward such appeal to an appropriate court. No Jail Appeal can be
dismissed without affording the reasonable opportunity to the appellate court of being heard.
POWERS OF APPELLATE COURT SECTION 386 Of the Code specifies powers of the
appellate court. It provides that after perusing the record and after hearing the parties, the court
may dismiss the appeal, allow the appeal or pass any other order that may appear to it be just and
proper. It includes appeal –Against Acquittal Against conviction For enhancement of sentence
From other orders Clause (d) of section 386 applies to all orders other than that of conviction, or
of acquittal, or for enhancement of sentence. The power which the appellate court possesses is of
alteration or reversal of the order of the lower court. According to Section 386(e) of the Code,
the appellate Court may make any amendment or any consequential or incidental order that may
be just or proper.

An appeal is a creature of statute and the power and jurisdiction of the appellate court must be
circumscribed by the words of the statute. At the same time, a court of appeal is a ‘court of
error’ and its normal function is to correct the decision appealed from if necessary, and its
jurisdiction should be co-extensive with that of the trial court. It cannot and ought not to do
something which the trial court was not competent to do.

UNITED KINGDOM United Kingdom does not have a single unified federal system. England
and Wales have one system, Scotland has another system and Northern Ireland has a third
system. In certain matters, the Tribunal constituted under immigration law has jurisdiction over
the whole of United Kingdom. Certain other Tribunals constituted under some other laws have
jurisdiction over England, Wales and Scotland. The court in England and Wales consists of
senior courts and subordinate courts. Senior courts are Court of Appeal, High Court of Justice
and Crown Court. Court of appeal deals with appeal from other courts. The High Court of justice
functions as a civil court of first instance and an appellate court as regards criminal and civil
matters from subordinate courts. It consists of 3 divisions namely Queens’s bench, Chancery and
Family divisions. These divisions are not separate courts but have separate procedures and
practice adapted for their purposes. Each division is exercising the jurisdiction of the High Court

Crown Court is a criminal court of both original and appellate jurisdiction and also handles
certain civil cases of first instance and on appeal. It is the only court in England and Wales
that has jurisdiction to try cases on indictment and regarding that matters it is the superior
court and the high court has no appellate jurisdiction on that matters. Any judge of the High
Court can sit to hear cases in the Crown Court.

SUPREME COURT OF UNITED KINGDOM It is a final court of appeal for criminal cases
from England, Wales and Northern Ireland. It was established by Constitutional Reform Act
2005. Prior to the establishment of the Supreme Court, this jurisdiction was with the House of
Lords. The transfer of the authority from the House of Lords to the Supreme Court was effected
on 1st October, 2009.
Hierarchy of Criminal Courts in United Kingdom Is As Follows Here Below

The law relating to appeals from the Crown Court against conviction or sentence is largely
contained in the Criminal Appeal Act 1968, the Criminal Appeal Act 1995, Criminal Procedure
Rules Part 39 and the Consolidated Criminal Practice Direction. The Crown Court has the power
to alter a sentence or other order made by the Crown Court within 56 days of the date on which it
was made. This allows time for the correction of errors that would otherwise require an appeal to
the Court of Appeal. Within the CPS, conduct of appeals against sentence and conviction is the
responsibility of the Appeals and Review Unit, Special Crime and Counter Terrorism Division.

SKELETON ARGUMENTS AND RESPONDENT’S NOTICE

The appellant must lodge a skeleton argument with the Registrar within 14 days of the grant of
leave. Rule 39.6(2) Criminal Procedure Rules requires any party who wants to make
representations to the Court to serve a respondent’s notice. The respondent must lodge a skeleton
within 14 days of receipt of the appellant’s skeleton argument. In practice, it is accepted that the
skeleton argument and respondents notice will be conjoined.

APPEALS AGAINST SENTENCE - JURISDICTION

The jurisdiction of the Court of Appeal is statutory. In relation to an appeal against sentence, its
powers are to be found in section 9(1) and 11 of the Criminal Appeal Act 1968. Section 9
provides:(1) A person who has been convicted of an offence on indictment may appeal to the
Court of Appeal against any sentence (not being a sentence fixed by law) passed on him for the
offence, whether passed on his conviction or in subsequent proceedings." In the case of James
Hughes v R [2009] EWCA Crim 841, the Court of Appeal held that the fact of a previous referral
by the Attorney General pursuant to section 36 Criminal Justice Act 1988, on the grounds that
the sentence passed in the Crown Court was unduly lenient, did not effectively extinguish the
right of an appellant to the statutory right of appeal pursuant to section 9 Criminal Appeal Act
1968, where that right had not yet been exercised.

APPEALS FROM THE MAGISTRATES’ COURT

A) TO THE CROWN COURT If the defendant pleaded guilty, an appeal lies from the
magistrates’ court to the Crown Court against sentence only. If the defendant pleaded not
guilty, he can appeal to the Crown Court against either conviction or sentence or both
(s108 (1) Magistrates’ Courts Act 1980). An appeal to the Crown Court takes the form of
a complete rehearing of the case with witnesses but without a jury.

B) TO THE QUEEN’S BENCH DIVISIONAL COURT As an alternative to appealing to

the Crown Court, an appeal may sometimes be taken direct to the Queen’s Bench
Divisional Court by way of case stated from the magistrates’ court. Either the defence or
the prosecution may take advantage of this procedure where it is alleged that the justices’
decision is wrong in law or was given in excess of jurisdiction (s111(1) Magistrates’
Courts Act1980).

C) POWERS OF MAGISTRATES’ COURTS TO RE-OPEN CASES TO RECTIFY

MISTAKES A magistrates’ court may vary or rescind a sentence or other order imposed
or made by it when dealing with an offender if it appears to the court to be in the
interests of justice to do so (s142 Magistrates’ Courts Act 1980, as amended by s26
Criminal Appeals Act 1995)

D) FROM THE Q.B.D.C. TO THE HOUSE OF LORDS A further appeal may be taken
by either party from the Queen’s Bench Divisional Court to the House of Lords. This is
so whether the case reached the appeal to the House of Lords will only be possible if: (a)
The Divisional Court has certified that the case involves a point of law of general public
importance; and(b) the Divisional Court or the House of Lords has given leave to appeal
on it appearing that the point is one which ought to be considered by the House of Lords
(s1 Administration of Justice Act 1960).

FROM THE CROWN COURT TO THE COURT OF APPEAL

E) APPEALS BY THE DEFENDANT (i) Appeal against conviction The defendant may
appeal but only with leave of the Court of Appeal or trial judge against conviction in the
Crown Court, to the Court of Appeal, criminal division, on a question of law. On a
question of fact, or on a mixed question of fact and law, leave of the Court of Appeal is
 required, unless the trial judges has granted a certificate that the case is fit for appeal (s1
Criminal Appeal Act 1968, as amended by the Criminal Appeal Act 1995). Appeal. If the
single judge refuses leave, the appellant can have his application considered by the court
itself (s31 Criminal Appeal Act 1968).
F) (ii) Appeal against sentence The defendant may appeal against the sentence of the
Crown Court, to the Court of Appeal with leave of the Court of Appeal (ss9 (1) and 11(1)
Criminal Appeal Act 1968). Leave may be granted by a single judge of that court or, if
he refuses it, by the full court. Leave of the Court of Appeal to appeal against sentence is
not required if the Crown Court judge who passed the sentence grants a certificate that
the case is fit for appeal against sentence

FROM THE COURT OF APPEAL TO THE HOUSE OF LORDS

G) A further appeal may be taken by either the defendant or the prosecutor from will only be
possible if: (a) the Court of Appeal has certified that the case involves a point of law of
general public importance; and (b) the Court of Appeal or the House of Lords has given
leave to appeal on it appearing that the point is one which ought to be considered by the
House of Lords (s33 (2) Criminal Appeal Act 1968). Pending the outcome of the appeal
in the House of Lords, the Court of Appeal has power to order that the defendant be
detained or not be released except on bail (s37 Criminal Appeal Act 1968).

UNITED STATE OF AMERICA

A popular misconception is that cases are always appealed. Not often does a losing party have an
automatic right of appeal. There usually must be a legal basis for the appeal—an alleged material
error in the trial—not just the fact that the losing party didn’t like the verdict. Criminal
defendants convicted in state courts have a further safeguard. After using all of their rights of
appeal on the state level, they may file a writ of habeas corpus in the federal courts in an
attempt to show that their federal constitutional rights were violated. The right of a federal
review imposes the check of the federal courts on abuses that may occur in the state courts.

An appeal is not a retrial or a new trial of the case. The appeals courts do not usually consider
new witnesses or new evidence. Appeals in either civil or criminal cases are usually based on
arguments that there were errors in the trial’s procedure or errors in the judge's interpretation of
the law.

The constitution of the USA is Federal in nature. The Federal courts systems are classified in
main three levels which are depicted below-

1. District courts (the trial court).

2. Circuit courts which are the first levels of appeal (Courts of Appeals).
3. The Supreme Court of the United States, the final level of appeal in the federal system.
There's an institutional preference to uphold a trial court's rulings and findings in the U.S. judicial system.
Thus, for an appellate court to hear an appeal from a lower court the aggrieved party must demonstrate to
the appellate court that an error was made at the trial level. Additionally, the error must have been
substantial or material. "Harmless errors," or those unlikely to make a substantial impact on the result at
trial, are not grounds for reversing the judgment of a lower court. Any error, defect, irregularity, or
variance, which does not affect a defendant, or a litigant's substantial rights, shall be disregarded as
a harmless error. In other words, the first step in filing a successful criminal appeal is to show that there
was more than just a harmless error.

BASIC GROUNDS FOR A CRIMINAL APPEAL

Assuming that there was more than merely harmless error, there are four basic grounds for
appeal:

 The lower court made a serious error of law (plain error);

 The weight of the evidence does not support the verdict;
 The lower court abused its discretion in making an errant ruling;
 The claim of ineffective assistance of counsel under the Sixth Amendment.

APPEAL PROCEDURE IN USA

The party appealing is called the appellant, or sometimes the petitioner. The other party is
the appellee or the respondent. The appeal is instituted with the filing of a notice of appeal.
This filing marks the beginning of the time period within which the appellant must file a brief, a
written argument containing that side's view of the facts and the legal arguments upon which
they rely in seeking a reversal of the trial court. The appellee then has a specified time to file an
answering brief. The appellant may then file a second brief answering the appellee's brief.

For example, in a criminal case a higher court may conclude that the trial judge gave a legally
improper instruction to the jury, but if the mistake were minor and in the opinion of the appellate
court had no bearing on the jury's finding, the appellate court may hold it a harmless error and let
a guilty verdict stand. However, an error of law, such as admitting improper evidence, may be
determined to be harmful and therefore reversible error.

After a case is orally argued or otherwise presented for judgment, the appeals court judges will
meet in conference to discuss the case. Appellate courts often issue written decisions,
particularly when the decision deals with a new interpretation of the law, establishes a new
precedent, etc. At the conference, one judge will be designated to write an opinion. The opinion
may go through several drafts before a majority of the court agrees with it. Judges disagreeing
with the majority opinion may issue a dissenting opinion. Judges agreeing with the result of a
majority decision but disagreeing with the majority's reasoning may file a concurring opinion.
Occasionally the appeals court will simply issue an unsigned opinion. These are called per
curiam (by the court).If the appeals court affirms the lower court's judgment, the case ends,
unless the losing party appeals to a higher court. The lower court decision also stands if the
appeals court simply dismisses the appeal (usually for reasons of jurisdiction).

If the judgment is reversed, the appellate court will usually send the case back to a lower court
( remand it) and order the trial court to take further action. It may order that

 A New Trial Be Held,

 The Trial Court's Judgment Be Modified Or Corrected,

 The Trial Court Reconsider The Facts, Take Additional Evidence, Or Consider The Case
In Light Of A Recent Decision By The Appellate Court.

The Hierarchy of criminal court in USA is as follows here below:-

18 USC CH. 235: APPEAL FROM TITLE 18—CRIMES AND CRIMINAL PROCEDUREPART
II—CRIMINAL PROCEDURE
CHAPTER 235—APPEAL
Sections:-
3731. Appeal by United States.
3732. Taking of appeal; notice; time—Rule.
3733. Assignment of errors—Rule.
3734. Bill of exceptions abolished—Rule.
3735. Bail on appeal or certiorari—Rule.
3736. Certiorari—Rule.
3737. Record—Rule.
3738. Docketing appeal and record—Rule.
3739. Supervision—Rule.
3740. Argument—Rule.
3741. Harmless error and plain error—Rule.
3742. Review of a sentence.

In a criminal case an appeal by the United States shall lie to a court of appeals from a decision,
judgment, or order of a district court dismissing an indictment or information or granting a new
trial after verdict or judgment, as to any one or more counts, or any part thereof, except that no
appeal shall lie where the double jeopardy clause of the United States Constitution prohibits
further prosecution. An appeal by the United States shall lie to a court of appeals from a decision
or order of a district court suppressing or excluding evidence or requiring the return of seized
property in a criminal proceeding, not made after the defendant has been put in jeopardy and
before the verdict or finding on an indictment or information, if the United States attorney
certifies to the district court that the appeal is not taken for purpose of delay and that the
evidence is a substantial proof of a fact material in the proceeding. An appeal by the United
States shall lie to a court of appeals from a decision or order, entered by a district court of the
United States, granting the release of a person charged with or convicted of an offense, or
denying a motion for revocation of, or modification of the conditions of, a decision or order
granting release. The appeal in all such cases shall be taken within thirty days after the decision;
judgment or order has been rendered and shall be diligently prosecuted. The provisions of this
section shall be liberally construed to effectuate its purposes.
Ch. 645, 62 Stat. 844; May 24, 1949, ch. 139, § 58, 63 Stat. 97; Pub. L. 90–351, title VIII,
§ 1301, June 19, 1968, 82 Stat. 237; Pub. L. 91–644, title III, § 14(a), Jan. 2, 1971, 84 Stat.
1890; Pub. L. 98–473, title II, §§ 205, 1206, Oct. 12, 1984, 98 Stat. 1986, 2153; Pub. L. 99–646,
§ 32, Nov. 10, 1986, 100 Stat. 3598; Pub. L. 103–322, title XXXIII, § 330008(4), Sept. 13,
1994, 108 Stat. 2142; Pub. L. 107–273, div. B, title III, § 3004, Nov. 2, 2002, 116 Stat. 1805.)
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