revision and appeal
PRAKASHCHANDRA MARU
(Querist) 30 June 2009
This query is : Resolved
which type cases court entertaines the power of the revision and criminal appeal or how it can be decide that in the said case cour has revision power or appeal power thanks
A V Vishal
(Expert) 30 June 2009
372.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 or by any law for the time being in force.
373. 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 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.
374. 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 any other Court in which a sentence of imprisonment more than seven years has been 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.
375. No appeal in certain cases when accused pleads guilty.- Notwithstanding anything contained in Section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal.--
(a) if the conviction is by a High Court ; or
(b) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, except as to the extent or legality of the sentence.
376. No appeal in petty cases.- Notwithstanding anything contained in Section 374, there shall be no appeal by a convicted person in any of the following cases, namely.-
(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;
(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisons for a term not exceeding three months or of not exceeding two hundred rupees, or of both such imprisonment and fine;
(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees ;
or
(d) where, in a case tried summarily, a Magistrate empowered to act under Section 260 passes only a sentence of fine not exceeding two hundred rupees.-
Provided that an appeal may be brought against such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground.--
(i) that the person convicted is ordered to furnish security to keep the peace; or
(ii) that a direction for imprisonment in default payment of fine is included in the sentence; or
(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed not exceed the amount hereinbefore specified in respect of the case.
377. Appeal by the State Government against sentence.-(1) Save as otherwise provided in section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy.
(2) If such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under
Swami Sadashiva Brahmendra Sar
(Expert) 01 July 2009
Mr Vishal has answered with complete bear provisions.
In general it can be said that:
1). appeal can be prefered only when it is provided in the statute as already referred by mr vishal.
2). revision can be filed only where appeal is not permissible.
3.) but revision can not be filed against interlocutary orders.
PALNITKAR V.V.
(Expert) 04 July 2009
Mother provision for revision is u/s 397 of Cr. P.C. It also states in what circumstances a revision is maintainable.
