No appeal to lie unless otherwise provided, Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour and Appeals from convictions are defined under Section 372,373 and 374 of CRPC 1973. Provisions under these sections are:
Section 372 of CRPC "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 by any other law for the time being in force:
1[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.]
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1. Ins. by Act 5 of 2009, s. 29 (w.e.f. 31-12-2009).
Section 373 of CRPC "Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour"
Any person,-
(i) who has been ordered under section 117 to give security for keeping the peace or for good behaviour, or
(ii) 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.
Section 374 of CRPC "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,-
(a) 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
(b) sentenced under section 325, or
(c) 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.
STATE AMENDMENT
Assam
In Section 374 of the Code, in clause (a) of sub-section (3), for the words
"Magistrate of the first class, or of the second class," the words
"Magistrate of the first class, Executive Magistrate or a Magistrate of the
second class," shall be substituted.
[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]
Manipur
In section 374 of the Code, in clause (a) of sub-section (3), for the words
"Magistrate of the first class of the second class the words "Magistrate of
the first class Specified Executive Magistrate or Magistrate of the second
class" shall be substituted.
[Vide Manipur Act 3 of 1985, s. 4 (2) and the Schedule]
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1. Subs. by Act 45 of 1978, s. 28, for "has been passed" (w.e.f.
18-12-1978).
CASE-LAW
Prior statement of a witness cannot be used as substantive
evidence, 1997 (1) SCC 145.
STATE AMENDMENTS
Punjab :- In sub-section (3) for the words "Magistrate of
First Class" the words "Executive Magistrate" shall be
substituted.
Union Territory of Chandigarh :- Same as in Punjab.
APPEALS