Does Appeal Lie in every Case?

Introduction:

Human Judgement is not infallible. Despite all the provisions ensuring a fair trial and a just decision, mistakes are possible and errors cannot be ruled out. The Code therefore provides for “Appeals” and “Revisions” and thereby enables the superior courts to review and correct the decisions of lower courts?

Under Section 372 of Cr.P.C. the right of appeal is not a natural or inherent right. The right of appeal must be expressly provided by statute. It cannot arise by implication. It is substantive right which crystallized at the date of institution of an action and this right includes a right to go in appeal to superior court.

A right of appeal has not been only given under Sections 373 to 394 of Cr.P.C., but also by other Sections 86, 250, 341, 351, 449 and 458.

Appeal does not lie in every cases:

Appeal does not lie in every cases. Section 375 of Cr.P.C. says that ‘No appeal in certain cases when accused pleads guilty and he has been convicted or such plea in the following cases:

  1. If the conviction is by a High Court; or
  2. If a conviction is by a Court of sessions.

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Further Section 376 of Cr.P.C. says ‘No appeal in petty cases:

  1. Where a High Court passes only a sentence of imprisonment for a term exceeding six months or fine of not exceeding one thousand rupees or both;
  2. Where a Court of Sessions or Metropolitan Magistrate passes an imprisonment for a term not exceeding three months of a fine not exceeding two hundred rupees or both;
  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-

(a) That the person convicted is ordered to furnish security to keep the peace; or

(b) That a direction for imprisonment in default of payment of fine is included in the sentence; or

(c) That more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount herein before specified in respect of the case.

Review:

In order to avoid the possibility of any miscarriage of justice in cases where no right of appeal is available, the Code has devised another review procedure namely, Revision. Section 397 to 405 deal with the power of revision conferred on the higher courts and the procedure to regulate these powers. The power of revision conferred on the higher courts are very wide and are purely discretionary in nature.

Section 397 lays down power to call for and examine the record of any proceeding before Subordinate Courts. Under this section High Court or Court of Session is empowered to call for and examine the record of any proceeding before any inferior court and satisfy itself as to the correctness, legality or propriety of any order passed by the inferior court.

In order to attract Section 397, the following conditions must be satisfied:

  1. The proceeding must be of Criminal Court.
  2. Such court must be inferior court.
  3. Such court must be situating within the jurisdiction of divisional court.
  4. The purpose for calling of records are to satisfy as to the correctness, legality or propriety of any finding, sentence or order.

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