Introduction

Criminal appeal is a crucial mechanism in the justice system, providing an avenue for review and correction of legal errors made by lower courts. Despite the lack of a statutory definition in the Criminal Procedure Code (CrPC) or the General Clauses Act, a criminal appeal can be understood as a formal request made to a higher court to review and change the decision of a lower court.

The term “appeal” is not explicitly defined in the Criminal Procedure Code (CrPC) or the General Clauses Act. However, criminal appeals are addressed in Chapter 29 of the CrPC, encompassing Sections 372 to 394. This chapter is not exhaustive, as several provisions related to appeals are found outside it, such as Sections 86, 250, 351, 449, 454, and 458(2).

A criminal appeal can be described as a formal request made to a higher court to review and revise an order, finding, or sentence issued by a lower court on the grounds that it is illegal or incorrect.

Definition of Criminal Appeal

An appeal in criminal law can be defined as a complaint made to a higher court with the intent that the order, finding, or sentence passed by the lower court is illegal or erroneous. This mechanism serves as a safeguard against judicial errors, ensuring that justice is not compromised by mistakes at the trial level.

Fundamental Principles of Appeal

1. Statutory Creation: An appeal is a creature of statute, meaning that the right to appeal is granted by legislation and is not inherent.
2. No Inherent Right: There is no inherent right to file an appeal; it must be explicitly provided by law.
3. Appeal Against Conviction: Generally, appeals can be made against convictions, but not solely against acquittals unless specified by law.
4. Petty Cases: No appeal lies in petty cases, which are defined differently depending on the court.
5. Plea of Guilt: Generally, no appeal lies against a conviction if the accused has pleaded guilty, except on the legality or extent of the sentence.

Jurisdiction and Procedural Aspects

Jurisdiction

The jurisdiction for criminal appeals is outlined in Chapter 29 of the CrPC (Sections 372-394), along with other relevant sections such as Sections 86, 250, 351, 449, 454, and 458(2).

1. Sessions Courts: Appeals against decisions of Magistrate Courts typically go to the Sessions Courts (Section 374(3), CrPC).
2. High Courts: Appeals from the Sessions Courts go to the High Courts (Section 374(2), CrPC). High Courts also handle appeals against decisions made in their extraordinary original criminal jurisdiction, with further appeals to the Supreme Court under specific conditions (Section 379, CrPC).
3. Supreme Court: Appeals to the Supreme Court are governed by Article 134 of the Constitution and Sections 379 and 380 of the CrPC.

Procedural Aspects

1. Filing the Appeal: Appeals must be filed within prescribed time limits. For instance, Section 377 allows the state to appeal for an enhancement of sentence, while Section 378 allows appeals against acquittals.
2. Grounds for Appeal: Grounds include legal errors, procedural mistakes, or factual findings not supported by evidence.
3. Appellate Court Procedure:

• Notice: The appellate court issues a notice to the respondent.
• Submission of Records: Trial court records are submitted for review.
• Written Briefs and Oral Arguments: Both parties submit briefs and may present oral arguments.
• Judgment: The appellate court reviews the case and delivers its judgment, which could uphold, modify, or reverse the lower court’s decision.

Kinds of Appeals Under the Criminal Procedure Code

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

• Against orders under Sections 117 (security for keeping peace or good behaviour) and 121 (surety matters).

2. Appeal From Convictions – Section 374 CrPC:

• To the Supreme Court from High Court convictions in its original jurisdiction.
• To the High Court from convictions by the Sessions Court or Additional Sessions Court, especially for severe punishments.
• To the Court of Session from convictions by Assistant Sessions Courts, Metropolitan Magistrates, and Judicial Magistrates.

3. State Appeals Under Sections 377 and 378 CrPC:

• Section 377: For enhancement of sentences.
• Section 378: Against acquittals, with special conditions for appeals in High Courts.

4. Appeal Against Conviction by High Court – Section 379 CrPC:

• To the Supreme Court if the High Court reverses an acquittal and imposes severe sentences.

5. Special Right of Appeal – Section 380 CrPC:

• accused in unappealable sentences if co-accused have been given appealable sentences.

Exceptions to Appeals

Section 375 CrPC – No Appeal in Certain Cases Where the Accused Pleads Guilty

• No appeal lies if the accused pleads guilty and is convicted by the High Court.
• Appeals on the sentence are allowed if the plea of guilt is entered in lower courts.

Section 376 CrPC – No Appeal in Petty Cases

• Defined based on the severity of the punishment and fine.
• There is no appeal in cases with minor penalties, depending on the court.

Case Laws

1. Bachan Singh vs. State of Punjab, 1980 AIR 898: The Supreme Court emphasized the “rarest of rare” doctrine for death penalty cases, highlighting the appellate court’s duty to scrutinize such sentences.
2. K. Chandrasekhar vs. State of Kerala, 1998 SCC (1) 394: This case reinforced the importance of appellate courts re-evaluating evidence in appeals against acquittals.
3. Narayan Chetanram Chaudhary & Anr. vs. State of Maharashtra, AIR 2000 SC 3352: Stressed the appellate court’s deference to trial court’s findings unless clear errors are present.
4. State of Maharashtra vs. Sujay Mangesh Poyarekar, AIR 2008 SC 906: Advised appellate courts to respect trial court’s judgments unless substantial reasons justify interference.

Conclusion

Criminal appeals are vital in correcting judicial errors and ensuring fairness in the justice system. Governed by statutory provisions and guided by fundamental principles, the appellate process provides a structured mechanism for reviewing lower court decisions. Understanding the jurisdiction and procedural aspects of criminal appeals helps maintain the balance between the rights of the accused and the interests of justice, reinforcing the integrity of the judicial system.