The process of criminal justice has some serious consequences on the life of any person, mainly on the right to life of the person and his personal liberty. Despite the presence of an independent trial process and the way to arrive at an appropriate decision, the possibility of error remains, this also applies to the decisions made by the courts.As a result, some specific provisions exist in our Code of Criminal Procedure to obtain justice and to examine the decisions of lower courts. It is such provisions as appeals against judgments or orders of criminal courts. The CrPC has detailed provisions on appeal from Section 372 to Section 394. We will talk in this article especially on appeals in criminal cases. What is the appeal?
It is well known that there is a corrective measure of the appeal law and there is no implied right to appeal to any court decision or order, unless the provision of an appeal is clearly provided by law. . (Durga Shankar Mehta versus Raghuraj Singh case) It is also worth noting that in the appeal, the court again hear the case of the person on the matter with the law, although this does not happen in the case of revision.In a general sense, an appeal is a legal right given to the parties, however, the revision depends entirely on the discretion of a criminal court, which means that it is not available as a right.What are the types of appeals? The Code of Criminal Procedure speaks about the appeal of four types (or circumstances). They will try to understand you briefly one by one.
First of all, let’s know what are the three types of appeals?
1 – Appeal for conviction (Section 374 Penal Code of Criminal Procedure)
2 – Appeals against penalties (Section 377 Penal Code of Criminal Procedure)
3 – Appeal in the case of conviction (Section 378 Penal Code of Criminal Procedure)
4 – Special Powers of Appeal in some cases (Section 380 Penal Code of Criminal Procedure)
1 – Appeal from conviction (Section 374 Criminal Procedure Code)
This includes cases where a person is convicted after trial. Hearing rights have been given in many forums in these cases and this is also because once a person is convicted, all his rights are violated. And since it is the main principle of justice that no innocence should be punished without any reason, such persons are properly empowered in the Code. The convicted person gets an opportunity to go to the appeal in the following forum:
A – Appeal to the Supreme Court (i) When a matter has been tried by the High Court under extraordinary original criminal jurisdiction, and it has been convicted, such a person can appeal in the Supreme Court; (See Section 374 (1) Penal Code of Criminal Procedure).
(ii) When the High Court has found a person guilty in the appeal guilty and sentenced to either death sentence, or life imprisonment or imprisonment for not more than 10 years, such person is directly in the Supreme Court Can appeal; (See Section 379 Criminal Procedure Code).
(iii) In the territory of India, any decision of a High Court (criminal or civil), decree or final order can be appealed in the Supreme Court, if the High Court certifies under Article 134A that the Constitution There is a question of law as interpretation; (See Article 132 Constitution of India).
iii) When the High Court has found a guilty person guilty in the appeal and sentenced to death or sentenced to life imprisonment or imprisonment for more than 10 years, or any case under subordinate of him Trial and death of such person or sentenced to death or under Article 134A, it is to be ascertained that the matter is appealing in the Supreme Court (see paragraph 134 The constitution of India). An appeal can be made in such case also.
2 – Appeal against the sentence Under this, the State appeals for the enhancement of the sentence of such convict in any case where he feels that the convict has received a lesser sentence, or less punishment than is necessary or his punishment is not suitable. May (this will be appealed by directing the Public Prosecutor). Necessary rules for this are laid down in Section 377. The State Government may, in the case of a conviction in a trial conducted by any court other than the High Court, direct the Public Prosecutor to appeal against such conviction on the basis of his inadequacy: – (a) If the sentence by the Magistrate If given, in the Sessions Court (b) if the sentence is passed by any other court then in the High Court; (See Section 377 (1) Penal Procedure Code) Further, when an appeal is made against a conviction on grounds of insufficiency, the conviction shall not be extended by the Sessions Court or the High Court unless the guilty person is given this opportunity. Go to state the reasons against the enhancement of the sentence and in doing so, the guilty person can either plead to the conviction, or request the court to reduce his sentence; (See Section 377 (3) Code of Criminal Procedure). It is worth noting that only the state has the right to appeal on the basis of insufficiency of punishment and not the victim / victim.
3 – Appeal in case of acquittal In the case where an accused has been acquitted, then rules are given in section 378 about how, in which case and by whom an appeal can be made against him. In fact, the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Sessions Court by an order of acquittal given by the Magistrate in respect of a cognizable and non-bailable offense; (See Section 378 (1) (a) Code of Criminal Procedure). Further, the State Government may direct the Public Prosecutor to submit an appeal to the High Court on any matter other than the original or appellate order of the High Court. However, this order is not given by the magistrate nor is the order passed in revision by the Sessions Court; (See Section 378 (1) (b) Code of Criminal Procedure). However, it is to be noted here that no such appeal will be heard without the ‘leave of the High Court’; (See Section 378 (3) Code of Criminal Procedure). If any such order of acquittal is passed in a case which was brought before the court by way of a complaint and an application by the Complainant before the High Court (Special leave to appeal against the order of acquittal. If given) special leave is given by the High Court, then the complainant can file such appeal in the High Court; (See Section 378 (4) Penal Procedure Code). However, such application (for special leave), if the Complaintant is a public servant, should be brought before the court within 6 months of the conviction, and in 60 days in other cases; (See Section 378 (5) Code of Criminal Procedure). After the rejection of any such application (for special leave), the appeal will not take place; (See Section 378 (6) Penal Procedure Code).
4 – Special right of appeal in certain cases when more than one person is convicted in a trial, and an appealable judgment or order has been passed in respect of any such person (ie it is decided that If the person can appeal), then all or any person convicted in such trial shall have the right of appeal. What are some restrictions on the rules of appeal? As we said, Sections 372, 375 and 376 exist in our Code as a restriction. We tell you briefly about them.
A – Section 372 Code of Criminal Procedure According to this Code or any decision or order of the Criminal Court stated in any other law, an appeal can be made only, otherwise not. Further, the victim / victim of the case will have the right to appeal against any order passed by the court (in only 3 types of cases) in a court where an appeal is usually made to that court. Those 3 cases are as follows
(i) conviction of the accused
(ii) conviction of the accused for lesser / lesser offense
(iii) where insufficient compensation has been imposed B – Section 375 Penal Procedure Code where an accused person has imposed himself Having admitted the blame and convicted him on such a plea, there will be no appeal against that order or decision. If the sentence is given by the High Court; Or if the sentence is served by a session, metropolitan magistrate or first or second class magistrate (although there may be an appeal regarding the validity of the sentence). C – Section 376 Criminal Procedure Code In some small cases there is no appeal by a convicted person. Such small cases can be understood as follows: –
(a) where a High Court is punishable with imprisonment up to six months or a fine of up to one thousand rupees or both such imprisonment and fine;
(b) Where the Sessions Court or the Metropolitan Magistrate is punished with imprisonment of up to three months only or fine of up to two hundred rupees or both imprisonment and fine;
(c) where a fine of up to one hundred rupees is sentenced by a magistrate of the first class; Or
(d) where, in a case contemplated briefly, the Magistrate empowered to take action under section 260 has been punished with a fine of up to two hundred rupees; Although an appeal against such punishment can be made if any other punishment is added to it, that conviction will not become appealable only on the basis that-
(i) to provide protection to the guilty person to maintain peace. The order is given; Or
(ii) that a direction of imprisonment is included in the default of payment of the fine; Or
(iii) more than one sentence of fine has been passed in that case, if the total amount of penalty imposed does not exceed the amount specified in it in respect of that case. Thus it can be clearly seen that through the appeals process, a person has an opportunity to correct any legal, or factual error in a court order or decision. However, we have also understood that an appeal against any verdict, or order, or sentence of a criminal court can only be made in the High Court, especially when a provision has been provided for in the law. Thus, the right of appeal can be exercised only within the limits prescribed by the CrPC or any other law (which is currently in force), and therefore, the right of appeal is a narrow right. As far as the decision to be given the right to appeal is concerned, it is up to the discretion of the court except in cases where an accused person has been sentenced to death by the Sessions Court. Not only this, there are some cases in which the appeal is not allowed at all, in fact it is so that the decision, or order, or sentence given by the criminal court can be finalized.