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Deepak   09 July 2023

criminal appeal

Hi,
if a criminal appeal is filed in hc against a sessions court decree, and if the criminal appeal is not allowed , what remedy lies next.

Thanks


Learning

 3 Replies

R.K Nanda (Advocate)     09 July 2023

if appeal is dismissed by hc then file SLP in SC.

T. Kalaiselvan, Advocate (Advocate)     09 July 2023

In most cases, an appeal is only lodged if the law allows it. “No appeal may lie from any decision or order of a criminal court save as allowed for in this Code or by any other legislation for the time being in effect,” as stated under Section 372 of the Criminal Procedure Code.

Section 376 provides that a person convicted of a minor offence shall not be entitled to an appeal of his or her conviction.

No appeal shall lie if the defendant enters a plea of guilty before the high court and the court records such a plea and finds the defendant guilty.

If the defendant enters a guilty plea in a lower court, an appeal of the sentence may be made to the high court.

There is a right to appeal a sentence based on: 

  1. The totality of the punishment.
  2. The sentencing process was followed per the law.

 

An offender who has been convicted has the unalienable right to exercise his or her appeal under the provisions of Section 374 of the Code. In light of Article 21‘s broad definition, the ability to appeal a conviction that has an impact on one’s freedom is likewise a basic right. Therefore, the right of appeal cannot be limited in any way or subjected to any conditions. The right to appeal is guaranteed by Article 21 of the Indian Constitution and Section 374 of the Criminal Procedure Code.

 

However if aggrieved by the high court judgement in appeal, the appellant with the leave of high court can prefer a Special leave petition before supreme court

 

P. Venu (Advocate)     09 July 2023

What do you mean by "criminal appeal is not allowed"? Please post the relevant facts, if any.


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