In the context of the Code of Criminal Procedure (CrPC) in India, there are several legal mechanisms and provisions that deal with appeals, references, and revisions. These mechanisms provide individuals and authorities with the ability to challenge or review various decisions made during the course of a criminal case.
Appeals
- Appeal to Higher Court: An appeal is a legal process that allows a party (usually the accused or the prosecution) to challenge a decision or judgment made by a lower court in a higher court. The CrPC provides for different types of appeals, such as appeals against convictions, acquittals, or sentences. The specific provisions for appeals are outlined in Sections 372 to 394 of the CrPC.
- Types of Appeals: There are three main types of appeals:
- Appeal by the Accused: The accused can appeal against a conviction or sentence.
- Appeal by the State: The state can appeal against an acquittal.
- Appeal by the Complainant: In some cases, the complainant may also have the right to appeal against an acquittal or other decisions
Right of Victim to file Appeal, Section 372 of the CrPC
In the Indian legal system, victims generally have the right to file appeals in certain circumstances, particularly when they are dissatisfied with the outcome of a criminal case. The legal framework for allowing victims to file appeals includes the following:
- Appeal by the Complainant (Victim): In many cases, a victim who is dissatisfied with the verdict or judgment in a criminal case has the right to file an appeal. The victim, often referred to as the complainant, can challenge an acquittal or a lenient sentence imposed on the accused.
- Section 372 of the CrPC: Section 372 of the Code of Criminal Procedure (CrPC) in India specifically grants the right to the complainant (victim) to file an appeal. This section states that the “right of the complainant to file an appeal against an order of acquittal is equivalent to the right of the State to file an appeal against such an order.”
- Conditions for Filing an Appeal by the Complainant: While the complainant has the right to file an appeal, there are certain conditions that must be met, such as:
- The complainant must be dissatisfied with the judgment, particularly in cases of acquittal.
- The complainant should have legal standing and should have been an aggrieved party in the case.
- The complainant should have the necessary legal representation or should act in compliance with the legal procedures for filing an appeal.
- Legal Representation: In many cases, the victim or complainant may choose to be represented by legal counsel when filing an appeal.
- Right to File an Appeal against Sentence: In cases where the accused has been convicted, the victim or complainant may also file an appeal challenging the inadequacy of the sentence imposed on the accused. This is done to seek a more severe sentence in certain situations.
- Procedures for Filing an Appeal: The specific procedures for filing an appeal as a victim may vary, but they are generally guided by the CrPC and applicable legal rules. It is advisable for victims to consult with legal counsel or their lawyer to understand the process.
Section 374 – 394 CrPC Appeal Provisions
| CrPC Sections | Explanation |
|---|---|
| Section 374 | Appeals to the High Court in cases of acquittal: An appeal can be made to the High Court by the state or the complainant against an order of acquittal passed by a Court of Session. The accused may also appeal against an acquittal if they were originally convicted and sentenced by the lower court. |
| Section 375 | Appeals in cases of convictions: Appeals to the High Court can also be made against a conviction or sentence by the accused, the state, or the complainant. The High Court has the authority to hear such appeals and may confirm, alter, or reverse the judgment. |
| Section 376 | Appeals from judgments or orders of subordinate criminal courts: The accused, the state, or the complainant may appeal to the High Court from any judgment or order passed by a subordinate criminal court in various situations, including convictions, acquittals, or sentences. |
| Section 377 | Appeals in cases of conviction on a plea of guilt: If a person is convicted on their own plea of guilt and they have not appealed against the conviction or sentence, the state or the complainant can appeal to the High Court. |
| Section 378 | Appeal in cases of certain convictions: The state or the complainant may appeal to the High Court against any order of acquittal or conviction or any other order passed by a court in cases in which such appeals are not otherwise provided for by this Code. |
| Section 379 | Appeal in case of acquittal in other cases: In cases where the accused is acquitted and an appeal lies to the High Court, any person interested in the appeal may apply to the High Court for permission to be heard as an appellant. |
| Section 380 | Special right of appeal in certain cases: In cases where the accused has been acquitted on the ground of unsoundness of mind, the state may appeal to the High Court against the acquittal. |
| Section 381 | Appeal against order of acquittal: The state can file an appeal to the High Court against an order of acquittal passed by a magistrate, unless the offense is one for which a sentence of fine only is imposed. |
| Section 382 | Procedure for the High Court: The procedure for hearing appeals in the High Court is governed by the provisions outlined in this section, which include directions on how to deal with the appeal and the role of the appellate court. |
| Section 383 | Procedure in appeal: This section provides guidance on how the High Court should deal with the appeal, including the powers and authority of the appellate court to take evidence, examine witnesses, and determine the case. |
| Section 384 | Abatement of appeals: In cases where the accused dies before the appeal is decided, the appeal abates. However, if the appeal is in relation to the conviction of the deceased, the legal representatives of the deceased may be substituted. |
| Section 385 | Withdrawal of appeal: The provisions in this section explain how an appellant may withdraw their appeal and the effect of such withdrawal. |
| Section 386 | Summary dismissal: This section provides the High Court with the authority to dismiss an appeal summarily if it is found to be frivolous or vexatious. |
| Section 387 | Procedure in cases of appeal: This section outlines the general procedure to be followed by the High Court in disposing of appeals, including how judgments are to be pronounced and recorded. |
| Section 388 | Transmission of order of the higher appellate court to the court whose order of conviction or acquittal was set aside: This section deals with the transmission of the higher appellate court’s order to the court whose order of conviction or acquittal has been set aside. |
| Section 389 | Suspension of sentence pending the appeal; release of appellant on bail: This section allows the appellate court to suspend the sentence of the appellant pending the appeal and provides for the release of the appellant on bail during the pendency of the appeal. |
| Section 390 | Limitation for taking cognizance of certain offenses: The section specifies the limitation period for taking cognizance of certain offenses, emphasizing that cognizance of an offense is not barred merely because a case has been decided on appeal or revision. |
Abatement of Appeals {Section 394}
Section 394 of the Code of Criminal Procedure (CrPC) in India deals with the abatement of appeals. It outlines the circumstances under which an appeal may abate. Abatement essentially means the termination of an appeal due to certain reasons, such as the death of the appellant. Section 394 specifies the conditions under which an appeal will abate and the exceptions to this rule.
- Abatement of Appeals (Section 394): This section applies to cases where an appeal has been filed, and it addresses what happens to the appeal if certain events occur.
- Conditions for Abatement: An appeal will abate under the following circumstances:
- Death of the Appellant: If the appellant dies after filing the appeal but before the appeal has been heard and finally decided, the appeal will abate. This means that the appeal terminates due to the appellant’s death.
- Death of the Accused: If the accused, who is the respondent in the appeal, dies during the pendency of the appeal and the appeal is only against the accused, the appeal will also abate.
- Exceptions to Abatement: However, there are exceptions to the abatement rule:
- Death of the Appellant but Not of the Accused: If the appellant dies and the accused is not the sole respondent, the appeal does not abate. The appeal can continue, but the legal representatives of the deceased appellant must be substituted for the appellant.
- Death of the Appellant but Not of the Sole Accused: If the appellant dies and the accused is not the sole accused (there are multiple accused persons), the appeal does not abate, and it can proceed against the surviving accused.
- Substitution of Legal Representatives: When an appeal continues after the death of the appellant, the legal representatives of the deceased appellant are substituted in place of the appellant. They can carry on with the appeal.
- Impact of Abatement: In cases where an appeal abates due to the death of the appellant or the sole accused, the proceedings come to an end, and the orders passed by the lower court stand. If the appeal continues, it proceeds as if there has been no abatement.
Suspension of sentence pending on appeal; release of appellant on bail Section 389 CrPC:
Section 389 of the Code of Criminal Procedure (CrPC) in India pertains to the suspension of the sentence of an appellant pending the appeal and the release of the appellant on bail. This section provides a legal mechanism for the court to decide whether an appellant, who has been convicted and sentenced but has filed an appeal against that conviction, can be released on bail during the pendency of the appeal. The court also has the authority to suspend the sentence until the appeal is decided.
Section 389 of the CrPC:
- Suspension of Sentence: Section 389 of the CrPC allows the appellate court, such as the High Court, to suspend the sentence of an appellant who has been convicted by a lower court (e.g., a trial court) and sentenced to imprisonment. This means that the appellant’s prison sentence is temporarily put on hold, pending the decision of the appeal.
- Release on Bail: In addition to suspending the sentence, Section 389 also empowers the court to release the appellant on bail. This provides the appellant with temporary freedom while the appeal is pending. The court may impose conditions while granting bail to ensure that the appellant appears for the appeal and does not interfere with the course of justice.
- Factors Considered: When deciding whether to suspend the sentence and grant bail, the court considers various factors, including the merits of the case, the gravity of the offense, the appellant’s conduct, and whether there are reasonable grounds to believe that the appellant is not likely to abscond or commit further offenses.
“Navjot Singh Sidhu Case” – Connection to Section 389:
The “Navjot Singh Sidhu Case” involves a notable political figure and former cricketer, Navjot Singh Sidhu. He was accused and convicted of causing the death of a person in a road rage incident. Sidhu appealed the conviction and sentence to the Punjab and Haryana High Court.
In this case, Section 389 of the CrPC was invoked when Navjot Singh Sidhu applied for suspension of his sentence and sought bail pending the appeal. The High Court considered various factors and granted him bail while the appeal was pending. The court also suspended his sentence temporarily. This is a common practice when individuals with a criminal conviction file appeals, as it balances the principles of justice and individual liberty.
Section 389 ensures that the appeals process can take place fairly and without undue hardship for the appellant, particularly in cases where the appeal may take some time to be decided. It allows for a balance between the interests of justice and the rights of the appellant.
Reference:
- Reference to High Court: In certain cases, a lower court may refer a question of law to a higher court (usually the High Court) for its opinion. This reference allows the lower court to seek guidance on complex legal issues or questions of law. The procedure for reference is outlined in Section 395 of the CrPC.
Revision
- Revisional Jurisdiction: Revision is a process through which a higher court, typically the High Court, reviews the proceedings and orders of a lower court to ensure that they have been conducted in accordance with the law. It allows for the correction of errors or irregularities. The provisions for revision are found in Sections 397 to 405 of the CrPC.
- Who Can File for Revision: The accused, the prosecution, or any aggrieved person can file an application for revision before the High Court.
- Grounds for Revision: Common grounds for filing a revision petition include a manifest error of law, a substantial miscarriage of justice, or any other irregularity in the proceedings.
- Limited Scope: Revision is not a rehearing of the entire case but a review of the legality and regularity of the lower court’s proceedings. The High Court may call for the record of the case, examine it, and pass appropriate orders.
