Section 383 of CRPC "Procedure when appellant in jail"
If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court.
STATE AMENDMENTS
Andaman, Nicobar Islands and Lakshadweep Islands:-
Insert the following words at the end:--
"Or if, by reason of the weather, transport or other
difficulties, it is not possible to forward them to the
proper Appellate Court, they shall be forwarded to the
Administrator or an Executive Magistrate, not below the rank
of a Sub-Divisional Magistrate, who shall, on receipt of
such petition of appeal and copies, record thereon the date
of receipt thereof and thereafter forward the same to the
proper Appellate Court". Regulation 1 of 1974, w.e.f.
30-3-1974.
Section 384 of CRPC "Summary dismissal of appeal"
(1) If upon examining the petition of appeal and copy of
the judgment received under Section 382 or Section 383, the
Appellate Court considers that there is no sufficient ground
for interfering, it may dismiss the appeal summarily:-
Provided that-
(a) no appeal presented under Section 382 shall be dismissed
unless the appellant or his pleader has had a reasonable
opportunity of being heard in support of the same;
(b) no appeal presented under Section 383 shall be dismissed
except after giving the appellant a reasonable opportunity
of being heard in support of the same, unless the Appellate
Court considers, that the appeal is frivolous or that the
production of the accused in custody before the Court would
involve such inconvenience as would be disproportionate in
the circumstances of the case;
(c) no appeal presented under Section 383 shall be dismissed
summarily until the period allowed for preferring such
appeal has expired.
(2) Before dismissing an appeal under this Section, the
Court may call for the record of the case.
(3) Where the Appellate Court dismissing an appeal under
this section is a Court of Session or of the Chief Judicial
Magistrate, it shall record its reasons for doing so.
(4) Where an appeal presented under Section 383 has been
dismissed summarily under this section and the Appellate
Court finds that another petition of appeal duly presented
under Section 382 on behalf of the same appellant has not
been considered by it, that Court may, notwithstanding
anything contained in Section 393, if satisfied that it is
necessary in the interests of Justice so to do, hear and
dispose of such appeal in accordance with law.
Section 385 of CRPC "Procedure for hearing appeals not dismissed summarily"
(1)If the Appellate Court does not dismiss the appeal
summarily, it shall cause notice of the time and place at
which such appeal will be heard to be given:--
(i) to the appellant or his pleader;
(ii) to such officer as the State Government may appoint in
this behalf;
(iii) if the appeal is from a judgment of conviction in a
case instituted upon complaint, to the complainant
(iv) if the appeal is under Section 377 or Section 378, to
the accused,
and shall also furnish such officer, complainant and accused
with a copy of the grounds of appeal.
(2) The Appellate Court shall then send for the record of
the case, if such record is not already available in the
Court, and hear the parties:
Provided that if the appeal is only as to the extent of the
legality of the sentence, the Court may dispose of the
appeal without sending for the record.
(3) Where the only ground for appeal from a conviction is
the alleged severity of the sentence, the appellant shall
not, except with the leave of the Court, urge or be heard in
support of any other ground.
APPEALS