Criminal Law GK - 6 Criminal Appeal, Limitation to file appeal, Appeal by State Government, Additional Evidence, Revision Petition, What is plea bargaining, What is Compounding of offence and How it made, Settlement of Criminal cases through mediation and maintenance under Section 125 CrPC.

SNo Legal Term/Question Answer
1 What are the provisions to file appeal Order of Sentence passed by Metropolitan or Judicial Magistrates can be challenged. Appeal lies to the court of session under section 372 to 394 of CrPC.
2 How to file appeal when convict is in Jail The appeal should be presented to the Officer in Charge of Jail.
3 What is the right of appeal to victim or complainant As per section 372 CrPC remedy of appeal has been provided to a victim or complainant. As per Section 449 of CrPC all orders passed under Sectio n446 of CrPC are appealable

(i) in the case of an order made by a Magistrate, to the Sessions Judge;

(ii) in the case of an order made by a Court of Session, to the Court to which an appeal lies from an order made by such Court.

Section 377 and 378 of CrPC provides for appeal

4 Who can avail right of appeal under Section 372 CrPC The victim who has suffered any loss or injury caused by reason of the act or omission for which the accused has been charged and the expression victim include his or here legal heir.
5 Against which order the victim can file appeal 1. Appeal against acquittal;

2. Appeal against conviction for a lesser offence;

3. Appeal against inadequacy of compensation

6 What is the period of limitation for filing such appeal No limitation is provided in the Limitation Act. But the period agreed by Delhi High Court is 60 days.
7 When the state can file appeal in case of acquittal State can file appeal in case of a cognizable and non bailable offence. District Magistrate may direct the Public Prosecutor to present an appeal and such appeal will lie to the Court of sessions.
8 Can appeal be filed in petty cases As per Section 376 CrPC no appeal shall be allowed in the following cases:

i. Sentence of fine not exceeding Rs. 200 passed under Section 260 of CrPC

2. Magistrate of First class pass fine not exceeding Rs. 100.

3. Sessions or MM passes sentence of imprisonment upto 3 months or fine not exceeding Rs. 200 or both.

4. High Court passes sentences not exceeding 6 Months or fine not exceeding Rs. 1000.

9 What is the provision for appeal by state Aggrieved state can file appeal as per section 377 of CrPC.
10 What are the procedures to be followed by appellate court As per Section 383 summary dismissal can be done if there is not sufficient grounds in the case.

 

 

SNo Legal Term/Question Answer
11 What is the procedure followed by appellate court 1. Accused be tried or committed for trial, find him guilty and pass sentence according to law.

2. In an appeal from conviction:

a. Reverse findings, discharge accused

b. alter finding, maintain sentence

c. with or without altering finding, alter the nature or the extent or the nature and extent on the sentence, but not so as to enhance the same.

3. In an appeal for enhancement of sentence

a. Reverse finding / sentence/ acquittal/ discharge

b. alter finding, maintain sentence

c. with or without altering finding, alter the nature or extent or the nature and extent of sentence so as to enhance or reduce the same.

4. In an appeal from any other order alter or reverse such order

5. Make amendment

12 Is Additional evidence allowed during appeal As per Section 391 CrPC the Appellate Court may either take additional evidence itself or direct it to be taken by Magistrate.
13 What is revision Petition As per Section 397 CrPC some orders can be challenged by way of revision petitions and not by way of appeal.
14 What is plea bargaining In plea bargaining an agreement is arrived at for admission of certain facts by the accused, and in return the prosecution undertakes not to introduce certain other facts in or by way of evidence.
15 What are benefits of plea bargaining It helps for awarding compensation to the victim, releasing accused on probation or provide benefit of any such law, sentencing accused to half of minimum punishment, Sentencing accused to one fourth of punishment
16 How to enter into plea bargaining File an application in the court in which trial is pending
17 Where plea bargaining is not permissible When accused has been previously convicted by a court in a case in which he had been charged with the same offence.
18 How to compound case without permission of court No permission of court is required to compound offences which are in the said category.
19 How to compound case with the permission of the court In case of offences compoundable with the permission of the court, it can be compounded by informing to the court, the agreement arrived between the parties. Compounding is not permissible where the accused was previously also convicted for such offence.
20 Can Criminal matter be disposed on mediation Yes. Some criminal cases can be settled through mediation without compelling the parties.

 

SNo Legal Term/Question Answer
21 Who is eligible to claim maintenance under Section 125 of CrPC 1. Wife

2. Children

3. Parents

22 How maintenance can be claimed Maintenance can be filed by filing application before the Magistrate
23 When wife cannot claim maintenance If wife is living in adultery or without any sufficient reason refuses to live with her husband, she cannot claim any maintenance. If Husband and wife are living separately with mutual consent, she cannot claim maintenance.
24 How the Magistrate pass order for maintenance Magistrate is to be satisfied that the person who neglects or refuses to maintain must have sufficient means. Wife must be unable to maintain herself.
25 What is the time limit for disposing of application for interim maintenance 60 days from the date of service of notice
26 Can litigation expenses be claimed Yes
27 Where to file application for maintenance The application against person liable to pay maintenance can be filed in any district:

(1) where he is, or

(2) Where he or his wife resides, or

(3) Where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.

28 How to get order of maintenance modified Magistrate can pass order whenever there is change in the circumstances.
29 How to challenge order passed by the Magistrate Revision Petition can be filed before the Court of session by way of revision Petition.
30 Can Court of session direct to deposit arrear Where husband has been directed to pay monthly maintenance to his wife or children and the husband challenges the order before the Court of session, the Court of Session may direct to deposit arrears of maintenance as due under the impugned order of maintenance.