Appeal against conviction by High Court in certain cases, Special right of appeal in certain cases, Appeal to Court of Session and how heard Petition of appeal are defined under Section 379, 380, 381 and 382 of CRPC 1973. Provisions under these sections are:
Section 379 of CRPC "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 of ten years or more, he may appeal to the Supreme Court.
Section 380 of CRPC "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 or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal
Section 381 of CRPC "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.
Section 382 of CRPC "Petition of appeal"
Every appeal shall be made in the form of a petition in
writing presented by the appellant or his pleader, and every
such petition shall (unless the Court to which it is
presented otherwise directs) be accompanied by a copy of the
judgment or order appealed against.
STATE AMENDMENTS
Andaman, Nicobar Island and Lakshadweep Island:- (I) Section
382 renumbered as sub-section (1, the following proviso
shall be added to sub-section (1) so renumbered:-
"Provided that where it is not practicable to file the
petition of appeal to the proper Appellate Court, the
petition of appeal may be presented to the Administrator or
to an Executive Magistrate not below the rank of a
sub-divisional Magistrate, who shall forward the same to the
proper Appellate Court; and, when any such appeal is
presented to the Administrator or to an Executive
Magistrate, he shall record thereon the date of its
presentation and, if he is satisfied that, by reason of the
weather, transport or other difficulties, it is not possible
for the appellant to obtain, from the proper Appellate
Court, orders for the suspension of the sentence or for
bail, he may, in respect of such appeal, or an appeal
forwarded to him under Section 383 exercise all or any of
the powers of the proper Appellate Court under sub- section
(1) of Section 389 with regard to suspension of sentence or
release of a convicted person on bail:
Provided further that the order so made by the Administrator
or the Executive Magistrate shall have effect until it is
reversed or modified by the proper Appellate Court.
Explanation:-- For the purposes of the provisos to this
Section and Section 383, "Administrator" in relation to a
Union Territory, means the Administrator appointed by the
President under Article 239 of the Constitution, for the
Union Territory.
(i) After sub-section (1) so renumbered, the following
sub-section (2) shall be inserted, namely,-
(2) For the purposes of computation of the period of
limitation, and for all other purposes, an appeal presented
to an Administrator or an Executive Magistrate under
sub-section (1) or, as the case may be, under section 383,
shall be deemed to be an appeal presented to the proper
Appellate Court". Regulation 1 of 1974, w.e.f. 30-3-1974.
APPEALS