0% found this document useful (0 votes)
18 views11 pages

Lip - 2023

The document is a student project report on appeals under the Criminal Procedure Code of India. It contains an introduction, acknowledgments, definitions of key terms like appeal, the procedure for filing an appeal, grounds for dismissal of appeals, and provisions for appeals under the CrPC along with some relevant case laws.

Uploaded by

sanket singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
18 views11 pages

Lip - 2023

The document is a student project report on appeals under the Criminal Procedure Code of India. It contains an introduction, acknowledgments, definitions of key terms like appeal, the procedure for filing an appeal, grounds for dismissal of appeals, and provisions for appeals under the CrPC along with some relevant case laws.

Uploaded by

sanket singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 11

Legal Internship Program

2023

Student’s Name: Sanket Kumar


Enrolment No: 19FLICDDN02166
Batch Name & Year: BA.LLB 4th Year
Project Title: Appeals under CrPC: An Exhaustive
Note

Submitted By: Submitted To:

Sanket Kumar Mr. Saurabh Siddhartha


Asst. Professor

1
Table of Contents

Page no.

1. Acknowledgement…………………………………….…………3
2. The Term “Appeal” ………………….………………………….4
3. Procedure for filing an appeal……………………………………5
4. Dismissal of appeal……………………………………………….5 – 6
5. Appeals under CrPC………………………………………………6 – 8
6. Landmark Judgements……………………………………………8
7. Conclusion………………………………………………………...9
8. Bibliography………………………………………………………10

2
Acknowledgement

At the very outset, I would like to thank all those who were the ‘ guiding lights’ behind this
project. First of all, I would like to take this opportunity with esteem privilege to express my
heartfelt thanks and gratitude to my course teacher Mr. Saurabh Siddhartha, for having faith
in me in awarding me this very significant project topic of such importance. His consistent
supervision, constant inspiration and invaluable guidance have been of immense help in
carrying out the project work with success.
Next, I would like to thank my colleague’s for lending me a helping hand during the shaping
up of the project; subsequently I would like to thank my university for allowing me to avail the
computer lab and internet facilities without which this project would have been in a distant
realm.
I extend my heartfelt thanks to my family and friends for their moral support and
encouragement. I also take this opportunity to thank all those people who contribute in their
own small ways but fail to get a mention.

SANKET KUMAR
19FLICDDN02166
.

1. The Term “Appeal”


3
To err is human and a judge is not an exception to this. As a result, even the judge, when
rendering a decision, may make a mistake. Additionally, each complainant has a right to
justice in the event of an error or incorrect judgement. Appeal can be described as examining
the judicial decision by the higher court that has been passed by the lower court. An appeal is
"a legal proceeding by which a case is brought before a higher court for review of a lower
court's decision," as per the Merriam-Webster dictionary1.

The criminal justice system can have far-reaching effects on an individual’s life, most
significantly affecting their right to life and freedom. Since courts, like any other man-made
organisation, are likely to make mistakes, it follows that the judgements they make are also
subject to this risk of making errors. In order to prevent a serious miscarriage of justice, there
should be procedures in place to carefully review the rulings of subordinate courts. To
account for this, certain measures have been incorporated into the criminal procedure for
appealing a criminal court’s judgement or order. From Section 372 all the way up to Section
394 of the Criminal Procedure Code are detailed requirements regarding appeals.

However, the opportunity to appeal is not always available. For this reason, even in
circumstances where the right of appeal has been limited by CrPC, the lawmakers integrated
the concept of a review procedure termed “revision” into the legislative process to entirely
preclude any miscarriage of justice. The higher courts’ revision powers and the method for
exercising those powers are laid forth in Sections 397 to 405. These authorities are wide-
ranging and ad hoc, which should be considered.

According to the Supreme Court’s decision in Hari Shankar v. Rao Ghari Chowdhury
(1963)2, “the distinction between an appeal and a revision is a real one. Unless the statute
that grants the right of appeal specifies otherwise, a rehearing on appeal includes a
rehearing on both the law and the facts. In most cases, a higher court has the authority to
review a previous ruling to ensure that the original decision was made in accordance with
the law.”

1
https://www.merriam-webster.com/dictionary/appeal
2
1963 AIR 698
4
2. Procedure For Filing An Appeal

An appeal has to be filed in the form of petition in writing only. Section 382 talks about the
process for the filling of the petition of appeal in the superior court. Unless otherwise
specified by the appellate court, an appeal petition must be presented in writing by the
appellant or his or her attorney and include the order and judgement that the appeal is being
made against. Additionally, if the appellant is incarcerated, he may submit the appeal petition
and case-related papers to the jail's officer-in-charge, who will subsequently send them on to

5
the appellate court3. If any of them, or all of them, disagrees with the judgement, they may
each submit an appeal petition to the appellate court. One appeal of convictions in six cases
cannot be competent, the court ruled in the case of State of Haryana v. Ram Lal4. Also, to be
noticed is that, although not directly stated in the code, a declaration of the grounds for the
appeal before the Appellate Court5 should be provided in the memorandum of appeal.

3. Dismissal Of Appeals

Section 384 deals with the dismissal of Appeals. It states that:

(1) If upon examining the petition of appeal and copy of the judgment received the Appellate
Court considers that there is no sufficient ground for interfering, it may dismiss the appeal
summarily: Provided that-

a) no appeal presented under Section 382 shall be dismissed unless the appellant or his
pleader has had a reasonable opportunity of being heard in support of the same;
b) no appeal presented under Section 383 shall be dismissed except after giving the
appellant a reasonable opportunity of being heard in support of the same, unless the
Appellate Court considers that the appeal is frivolous or that the production of the
accused in custody before the Court would involve such inconvenience as would be
disproportionate in the circumstances of the case or until the period allowed for
preferring such appeal has expired.

(2) Before dismissing an appeal under this Section, the Court may call for the record of the
case.

3
Section.383 of CrPC,1973
4
1992 CriLJ 2482(P&H).
5
Kapil Deo Shukla V. State of U.P., AIR 1958 SC 121.

6
(3) Where the Appellate Court dismissing an appeal under this Section is a Court of Session
or of the Chief Judicial Magistrate, it shall record its reasons for doing so.

(4) Where an appeal presented under Section 383 has been dismissed summarily under this
Section and the Appellate Court finds that another petition of appeal duly presented under
Section 382 on behalf of the same appellant has not been considered by it, that Court may,
notwithstanding anything contained in Section 393, if satisfied that it is necessary in the
interests of justice so to do, hear and dispose of such appeal in accordance with law.

The Supreme Court ruled in the case of Bani Singh v. State of U.P.6 that the appellate court
does not have the authority to dismiss an appeal for the sole reason of the appellant's or his
pleader's absence. After reviewing the trial court's judgement and the record, they can only
decide whether to dismiss an appeal. Additionally, the court may adjourn and set a new date
and time in order to facilitate the appellant's appearance if his lawyer is not present if the
appellant is in custody and for some reason his lawyer is unable to represent him before the
court and the court believes that it is an important appeal that needs to be heard.

4. Appeals Under CrPC

1. Section 372 - Appeal for a victim: This section allows the victim to appeal against an
order of acquittal, conviction, or any other order passed by the court affecting the victim's
rights.

In the case of Ankush Shivaji Gaikwad vs. State of Maharashtra7, the Supreme Court held
that the victim has an independent right to prefer an appeal against an order of acquittal or
conviction. The victim's appeal must be treated separately from the appeal filed by the State,
and the court must consider the interests and rights of the victim while deciding the appeal.

2. Section 374 - Appeal by a convicted person: Any person who has been convicted by a
Magistrate or a Sessions Court has the right to appeal to the appropriate higher court against
both the conviction and the sentence imposed. The appeal must be made within the
prescribed time limit i.e., 90, 60, or 30 days based on different situations.

6
(1996) 4SCC 720.
7
AIR 2013 SC 2454: 2013 Cri J 3044.

7
In the case of Mohd. Amin vs. Central Bureau of Narcotics 8, the Supreme Court of India
held that the right of appeal is a statutory right, and any attempt to curtail or deny this right
would be against the principles of natural justice. The court further emphasized that the right
of appeal is not a mere formality but a valuable and substantial right of the accused.

Section 374 - Appeal by a convicted person: This same section also allows the convicted
person to appeal against the sentence imposed by the lower court.

3. Section 375 - stipulates that there shall not be any appeal in any case where the accused
pleaded guilty and was convicted on that plea especially if the conviction is by a High Court,
Magistrate Court or Court of Sessions except if the appeal bothers on the legality or extent of
the conviction or sentence.

4. Section 376 - adds that there shall be no appeal for petty cases. Petty cases are offenses
that are treated as simple offenses or misdemeanour. Instances of petty cases are conviction
by the High Court for a term of imprisonment not exceeding six (6) months or a fine not
exceeding 1000rupees.Also, a conviction by the Metropolitan Magistrate for a term of not
more than three (3) months or a fine of not more than 200 rupees; and, a conviction by the
Magistrate for a fine, not more than 100 – 200 rupees.

5. Section 377 - Appeal by the State Government against sentence: This section permits
the State Government to appeal against an inadequate sentence imposed by the lower court. If
one disagrees with a magistrate’s sentencing decision, they have the right to file an appeal
with the Court of Session. If a sentence is handed down by a lower court, an appeal could be
filed with the high court.

6. Section 378 - Appeal in case of acquittal: The State Government or the victim can file an
appeal to the High Court against an order of acquittal passed by the Magistrate. The appeal
can be filed on the grounds that the acquittal was erroneous, illegal, or based on a
misinterpretation of the law.

In the case of State of Rajasthan vs. Rajendra Singh 9, the Supreme Court reiterated that an
appellate court should not lightly interfere with an order of acquittal. It must consider all
aspects and analyse the evidence to determine if the acquittal is perverse or unreasonable
before reversing the decision.

8
1952 AIR 358, 1952 SCR 1133
9
2006 CriLJ 1361, RLW 2006 (2) Raj 1228.

8
7. Section 379 - provides for an appeal against the sentence or conviction of the High Court
in cases such as:

(a) A life imprisonment

(b) An imprisonment for ten (10) years or more

(c) A death sentences; in such instances, an appeal shall lie directly to the Supreme Court.

5. Landmark Judgements

1. Maneka Gandhi vs. Union of India10

This landmark judgment expanded the scope of the right to life and personal liberty under
Article 21 of the Indian Constitution. The Supreme Court held that the right to life includes
the right to a fair and just procedure, and an appeal is an essential part of that procedure. The
judgment emphasized that the right to appeal is a valuable and cherished right of every
individual.

2. Zahira Habibullah Sheikh vs. State of Gujarat11

This case dealt with an appeal against the trial court's acquittal of the accused in the Best
Bakery Case related to the Gujarat riots of 2002. The Supreme Court, while allowing the
appeal, held that in exceptional cases where witnesses are intimidated or influenced, and the
trial is unfair; the court can transfer the case to a different state for a fair trial.

3. Jogi v. the State Of Madhya Pradesh (2021)

When hearing a substantive appeal under Section 374 of the Code of Criminal Procedure of
1973, the High Court must conduct its own analysis of the evidence and draw its own
conclusions about the accused’s guilt or innocence based on its own evaluation of the
evidence in the record.

10
AIR 1978 SC 597
11
2004 4 SCC 158

9
6. Conclusion

A new trial is not the result of an appeal. Instead, the appellate court examines the record of
the lower court's proceedings to determine if there are enough reasons to grant the appeal.
The record contains all pre- and post-trial motions as well as the full trial transcript. Appellate
courts read the briefs that the parties submit in addition to the material that was presented at
trial. Appellate briefs outline the pertinent legal issues at issue and offer background for the
arguments made in an appeal. The appellate court's authority and jurisdiction must be
determined in accordance with the law because it was established by legislation. An appeals
court is a “court of error,” the purpose of which is to revise the lower court’s ruling if it was
incorrect, and its jurisdiction should be identical to that of the lower court. It should not and
cannot perform an action that the lower court lacked jurisdiction to execute.

1
0
7. Bibliography

1. https://blog.ipleaders.in/appeal-reference-and-revision-under-crpc/
2. https://blog.ipleaders.in/section-374-crpc
3. https://www.casemine.com/
4. https://www.leadindia.law/legal-services/criminal/appeal-made-in-criminal-cases
5. https://lawhelpline.in/PDFs/CRIMINAL_LAWS/APPEALS(CRIMINAL).pdf

1
1

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy