An appeal is a tool given to the parties of a case to ensure justice is served and all the parties are satisfied by the judgment. After hearing all the parties in a case, a competent court pronounces the judgment and if the parties are not satisfied with the judgment they have a right to appeal to a higher court. Such an appeal would give the aggravated party another opportunity to present their case to a higher authority or the Appellate Court who would judge the case with a fresh perspective and if there are any wrongdoings, they would be corrected. When the verdict is unreasonable or not supported by evidence, or when there is miscarriage of justice on any grounds, then such a verdict can be appealed.

Object and scope of appeals

Appeals from convictions

Defendants convicted of an offence are not always satisfied with the judgment and may think they have been wrongfully convicted. In such circumstances, they may ask a higher court to review the judgment or order passed under Section 374 of the code. The typical hierarchy of the state consists of:

• The Trial Court or Court of Session;
• The High Court;
• The Supreme Court.

Appeal to the Court of Session

As per Sec. 374 (3), when an order or decree for conviction is made in a trial conducted by Metropolitan Magistrate or Assistant Session Judge or Magistrate of the first class or Magistrate of the second class, then the convicted may appeal to the Court of Session. If a sentence for conviction is made under Sec.325 of the code, i.e after referring to the Chief Judicial Magistrate, then such conviction can also be appealed to the Court of Session. Lastly, when a convict is released on probation of good conduct or after admonition under Sec.360 of the code, the order may be appealed to the Court of Session.

Appeal to the High Court

According to Sec.374 (2) of the Code, any person convicted may appeal to the High Court against a judgment passed by the Sessions Judge or an Additional Sessions Judge or on a trial held by any other court wherein a sentence of imprisonment for 7 years or less was passed. For instance, when a judgment is passed by the Sessions Judge, imprisoning the defendant for 5 years, then such a defendant can appeal to the High Court if he thinks the judgment was unfair.

Appeal to the Supreme Court

Section 374(1) of the Code, allows any person convicted by the High Court in its extraordinary original criminal jurisdiction to appeal for the same in the Supreme Court of India. According to

Sec.379 of the Code, where the High Court on appeal, reverse an order of acquittal of the defendant and convicted him with imprisonment for not less than 10 years life imprisonment or death penalty, the convict may appeal to the Supreme Court.

SUSPENSION, REMISSION AND COMMUTATION OF SENTENCE

Suspension means to take or withdraw the sentence for the time being. It is the temporary postponement of the sentence. Remission implies reducing the period of a sentence without changing its character. Commutation denotes the substitution of a form of punishment for a lighter one.Article 72 and 161 of the Constitution of India, the President and Governor can grant pardon, to suspend, remit or commute a sentence passed by the courts.

In addition to the above constitutional provisions the Criminal Procedure Code, 1973 (Cr. P.C) provides for Suspension, remission and commutation of sentences. Sections 432, 433, 433A, 434 and 435, empower the government to suspend or remit sentence. Further, Sections 54 and 55 of the Indian Penal Code (IPC) confer power on the appropriate government to commute sentence of death or sentence of imprisonment for life as provided therein. Section 54 of the Indian Penal Code 1860 empowers the appropriate Government i.e. the Central Government in the case of an offence committed in the Union Territories, and State Government in case of an offence committed in the States, to commute i.e. to change a punishment to one of a different type than the originally awarded the sentence of death to any other punishment provided under the Code. The powers vested under Section 55 can be exercised by the Government on its own initiative with no application by the accused in question.

 COMMUTATION OF SENTENCE

In contrast to Suspension and Remission, which only affect the duration of the punishment without interfering with the nature of the punishment, Commutation, on the other hand, changes the nature of the punishment and converts it into a less severe form of punishment. There is nothing to restrict the government from commuting a sentence, even if it is as low as a fine. Under Section 433 of the CrPC, the appropriate government gets the power to commute the sentence in an appropriate case. Various sentences are eligible for commutation, one of them is death sentence i.e.mercy plea.

• Death sentence to any other punishment provided in the. I.P.C.
• Imprisonment for life to any other imprisonment not exceeding fourteen years or fine.
• Sentence of rigorous imprisonment for simpler imprisonment which the person has been sentenced or a fine.
• Sentence for a simple sentence to a fine.