Introduction:
The term “appeal” is not explicitly defined in the Criminal Procedure Code (CrPC) or the General Clauses Act. However, Chapter 29 of the CrPC, which spans Sections 372 to 394, deals extensively with the concept of criminal appeals. Despite this, the chapter is not exhaustive, as several provisions related to appeals are scattered throughout other sections, such as Sections 86, 250, 351, 449, 454, and 458(2).

An appeal can be described as a complaint lodged with a higher court, asserting that the decision, finding, or sentence passed by a lower court is illegal or erroneous. A criminal appeal is a legal process where a party, usually the convicted person, seeks a review of a decision made by a lower court. The appeal is made to a higher court and challenges the validity of the lower court’s judgment on matters of law, fact, or both. It serves as a crucial mechanism in the judicial system to ensure fairness and rectify potential errors. Appeals help maintain the integrity of the judicial process by providing a means to correct mistakes and uphold justice.

Fundamental Principles of Appeal:

1. Statutory Creation: An appeal is a creation of statute, meaning it exists because the law specifically provides for it.
2. No Inherent Right: There is no inherent right to file an appeal; it must be expressly granted by law.
3. Conviction Appeals: Appeals can be made against convictions but not always against acquittals.
4. Petty Cases: Appeals are not permitted in petty cases.
5. Plea of Guilt: Generally, no appeal is allowed if the conviction is based on a plea of guilt.

Grounds for Criminal Appeal

1. Error of Law:

• An error of law occurs when the lower court misapplies or misinterprets legal principles or statutes. This can include incorrect jury instructions, improper admission of evidence, or incorrect application of the law to the facts of the case.
• Example: If a court misinterprets the legal requirements for establishing a crime, this can be grounds for appeal.

2. Error of Fact:

• An error of fact occurs when the lower court makes an incorrect finding based on the evidence presented. This can happen if the court misinterprets evidence, overlooks important facts, or improperly evaluates witness credibility.
• Example: If a court incorrectly finds that an accused person was present at the scene of the crime based on flawed evidence.

3. Procedural Errors:

• Procedural errors occur when there are mistakes in the way the trial was conducted. These can include violations of due process, improper admission or exclusion of evidence, or errors in jury selection.
• Example: If a court improperly excludes key defense evidence or wrongly admits inadmissible evidence.

4. New Evidence:

• New evidence refers to information that was not available during the original trial and could significantly impact the outcome. This can include new witness testimony, forensic evidence, or documents that were previously undiscovered.
• Example: If new forensic evidence surfaces that exonerates the accused.

Relevant Provisions and Sections

1. Indian Penal Code (IPC):

• The IPC provides the substantive law under which criminal offenses are defined and punishments prescribed but does not specifically deal with appeals. The IPC establishes the framework for criminal conduct and corresponding penalties.

2. Code of Criminal Procedure (CrPC), 1973:

• Section 372:
  • No appeal shall lie from any judgment or order of a criminal court except as provided by the Code or by any other law for the time being in force. This section establishes the general rule that appeals are limited to those specifically provided by law.
• Section 373:
  • Provides for an appeal by the accused person in case of certain orders. This section ensures that individuals have a right to challenge certain judicial decisions.
• Section 374:
  • Sub-section (1): An appeal to the High Court from any sentence passed by a Sessions Judge or Additional Sessions Judge. This subsection outlines the appellate jurisdiction of the High Court for serious sentences.
  • Sub-section (2): An appeal to the Sessions Judge from any sentence passed by a Magistrate of the first class. This subsection specifies the appellate jurisdiction of the Sessions Court for sentences imposed by magistrates.
  • Sub-section (3): Prohibits appeals in certain cases. This subsection limits the right of appeal in specific situations to prevent frivolous or unnecessary appeals.
• Section 375:
  • Prohibits appeals in certain petty cases where the sentence is a fine not exceeding one hundred rupees. This section aims to reduce the burden on higher courts by excluding minor cases from appeal.
• Section 376:
  • No appeal in cases where the accused pleads guilty and is convicted on such plea. This section reinforces the finality of guilty pleas, except in cases where the sentence is illegal or excessively harsh.

Exceptions and Case Laws

1. No Appeal on Plea of Guilty (Section 375, CrPC):

• Section 375 CrPC – No Appeal in Certain Cases Where the Accused Pleads Guilty:
  • If the accused pleads guilty in the High Court and is convicted, no appeal lies.
  • If the plea of guilt is entered in courts other than the High Court, appeals against the sentence can be made concerning the extent and legality of the sentence.

• Case Law:Dadu @ Tulsidas v. State of Maharashtra (2000) 8 SCC 437
  • The Supreme Court held that no appeal lies in cases where the accused has pleaded guilty, except to the extent or legality of the sentence. This case underscores the importance of finality in guilty pleas while allowing for judicial oversight in sentencing.

2. Prohibition of Appeals in Petty Cases (Section 376, CrPC):

• No appeal lies in petty cases, which vary by court:
• High Court: Imprisonment up to 6 months, fine of Rs 1000 or both.
• Court of Session: Imprisonment up to 3 months, fine of Rs 200 or both.
• Metropolitan Magistrate: Imprisonment up to 3 months, fine of Rs 200 or both.
• Judicial Magistrate 1st Class: Fine of Rs 100.
• Magistrate under Section 260 CrPC: Fine up to Rs 200.

• Case Law:K. P. Mohammad v. State of Kerala (1995) Supp (4) SCC 568
  • The Court clarified that appeals are not permitted in cases where a sentence of fine not exceeding one hundred rupees is imposed, except on the ground of the sentence being illegal. This case reinforces the principle of judicial economy by limiting appeals in minor cases.

3. No Appeal from Certain Orders (Section 372, CrPC):

• Case Law:Mallikarjun Kodagali (Dead) represented through LRs v. State of Karnataka and Ors. (2019) 2 SCC 752
  • The Supreme Court held that the victim has a right to appeal against an order of acquittal or conviction for a lesser offense or inadequate compensation, reinforcing the proviso to Section 372 introduced by the 2009 amendment. This case highlights the evolving recognition of victims’ rights in the criminal justice system.

4. Appeal by the State (Section 377 & 378 CrPC):

• Section 377 CrPC – Appeal Against Sentence:
  • The State Government can appeal against the inadequacy of the sentence through a Public Prosecutor to the Court of Session or High Court.
  • Appeals lie to the Court of Session if the sentence is by a Magistrate, and to the High Court for sentences by other courts.
  • For central agency investigations, the appeal is directed by the Central Government.
• Section 378 CrPC – Appeal in Case of Acquittal:
  • The District Magistrate can direct the Public Prosecutor to appeal against acquittals by Magistrates in cognizable and non-bailable offences to the Court of Session.
  • The State can direct appeals against acquittals by courts other than the High Court.
  • Central Government direction is required for central agency investigations.
  • High Court permission is necessary for filing appeals in certain cases.
  • Special Right of Appeal in Certain Cases – Section 380 CrPC:
  • An accused can appeal against an unappealable sentence if their co-accused has been given an appealable sentence.
  • For complaint cases, appeals can be filed by the complainant with special permission from the High Court within specified time frames.

• Case Law:State of Punjab v. Bhag Singh (2004) 1 SCC 547
  • The Court examined the State’s right to appeal for enhancement of the sentence and clarified the circumstances under which such an appeal is maintainable. This case illustrates the balancing act between state interests and individual rights in sentencing.

5. Special Leave Petition (Article 136, Constitution of India):

• Case Law:Pritam Singh v. State (1950) SCR 453
  • The Supreme Court explained that a special leave petition under Article 136 of the Constitution allows for an appeal to the Supreme Court in exceptional cases where substantial and grave injustice has occurred. This case demonstrates the Supreme Court’s discretionary power to ensure justice in extraordinary situations

Kinds of Appeals Under CrPC:

1. Appeal in Court of Session – Section 373 CrPC:

• Appeals may be made to the Court of Session against orders under:
  • Section 117: When a person is ordered to give security for keeping peace or for good behavior.
  • Section 121: When a person is aggrieved by an order refusing to accept or rejecting a surety.

2. Appeal from Convictions – Section 374 CrPC:

• High Court to Supreme Court: If the High Court passes a conviction order while exercising extraordinary original criminal jurisdiction, an appeal lies to the Supreme Court.
• Court of Session to High Court: If the Court of Session or Additional Court of Session convicts during a trial, the appeal lies to the High Court.
• Punishment Over Seven Years: If the Court of Session or Additional Court of Session imposes a punishment of more than seven years, the appeal lies to the High Court.
• Lower Courts to Court of Session: Convictions by Assistant Court of Session, Metropolitan Magistrate, Judicial Magistrate I, and Judicial Magistrate II are appealable to the Court of Session.
• Specific Sections Appeals: Appeals can be made to the Court of Session under Sections 325 and 360 of the CrPC.

Exceptions to Section 374 CrPC:

Appeal Against Conviction by High Court in Certain Cases – Section 379 CrPC:

• If the High Court reverses an acquittal and convicts a person with a sentence of death, life imprisonment, or ten years or more, the accused can appeal to the Supreme Court.

Example:

Imagine a scenario where an individual is convicted by a Court of Session for a serious crime and sentenced to ten years in prison. Under Section 374(2) of the CrPC, this individual has the right to appeal the conviction and sentence to the High Court, arguing that the decision was incorrect due to errors in the trial proceedings or misinterpretation of the law. If the High Court reverses the decision and the individual is acquitted, the State may still appeal this acquittal to a higher court under Section 378 CrPC, asserting that the High Court’s acquittal was erroneous.

Conclusion:

Criminal appeals are a crucial part of the judicial process, providing a mechanism for correcting errors made by lower courts. The Code of Criminal Procedure, 1973, outlines the framework for such appeals, including specific provisions and exceptions. The various case laws further elucidate the application and limitations of these provisions, ensuring that justice is appropriately administered.

The process of appeal serves as a vital check within the criminal justice system, ensuring that individuals receive fair treatment and that errors or injustices at the lower court level can be addressed. By allowing for appeals, the legal system upholds the principles of justice, fairness, and due process, reinforcing public confidence in judicial outcomes.