CrPC 381: Section 381 of the Criminal Procedure Code

Appeal to Court of Session how heard

  1. Subject to the provisions of Sub-Section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:

    Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.

  2. An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.

CrPC 380: Section 380 of the Criminal Procedure Code

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 of 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.

CrPC 379: Section 379 of the Criminal Procedure Code

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 often years or more, he may appeal to the Supreme Court.

CrPC 378: Section 378 of the Criminal Procedure Code

Appeal in case of acquittal

  1. Save as otherwise provided in Sub-Section (2) and subject to the provisions of Sub-Sections (3) and (5),
    1. the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
    2. the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.”;
  2. If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may, subject to the provisions of Sub-Section (3), also direct the Public Prosecutor to present an appeal-
    1. to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
    2. to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.
  3. No appeal under Sub-Section (1) or Sub-Section (2) shall be entertained except with the leave of the High Court.
  4. If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
  5. No application under Sub-Section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
  6. If, in any case, the application under Sub-Section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under Sub-Section (1) or under Sub-Section (2).

CrPC 377: Section 377 of the Criminal Procedure Code

Appeal by the State Government against sentence

  1. Save as otherwise provided in Sub-Section (2), the State Government may in any case of conviction on a trial held by any Court other than a High Court, direct the Public prosecutor to present an appeal against the sentence on the ground of its inadequacy-
    1. to the Court of session, if the sentence is passed by the Magistrate; and
    2. to the High Court, if the sentence is passed by any other Court”;
    3. in Sub-Section (3), for the words “the High Court”, the words “the Court of Session or, as the case may be, the High Court” shall be substituted
  2. If such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy.
  3. When an appeal has been filed against the sentence on the ground of its inadequacy, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.

CrPC 376: Section 376 of the Criminal Procedure Code

No appeal in petty cases

Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely:

  1. where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;
  2. where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;
  3. where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or
  4. where, in a case tried summarily, a Magistrate empowered to act under section 260 passes only a sentence of fine not exceeding two hundred rupees:

    Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground-

    1. that the person convicted is ordered to furnish security to keep the peace; or
    2. that a direction for imprisonment in default of payment of fine is included in the sentence; or
    3. that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.

CrPC 375: Section 375 of the Criminal Procedure Code

No appeal in certain cases when accused pleads guilty

Notwithstanding anything contained in section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal.

  1. if the conviction is by a High Court; or
  2. if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, except as to the extent or legality of the sentence.

CrPC 374: Section 374 of the Criminal Procedure Code

Appeals from convictions

  1. Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
  2. 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 1 [has been passed against him or against any other person convicted at the same trial; may appeal to the High Court.
  3. Save as otherwise provided in Sub-Section (2), any person,-
    1. convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class or of the second class, or
    2. sentenced under section 325, or
    3. 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.

CrPC 373: Section 373 of the Criminal Procedure Code

Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour

Any person,

  1. who has been ordered under section 117 to give security for keeping the peace or for good behaviour, or
  2. who is aggrieved by any order refusing to accept or rejecting a surety under section 121,
    may appeal against such order to the Court of Session:

    Provided that nothing in this section, shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of Sub-Section (2) or Sub-Section (4) of section 122.

CrPC 372: Section 372 of the Criminal Procedure Code

No appeal to lie unless otherwise provided

No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force.

Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.