An appeal is a tool provided to the parties in a case to ensure that justice is done and that everyone is satisfied with the decision. A competent court will render a verdict after hearing from all the parties in a matter, and if either party is not happy with the decision, they have the right to appeal to a higher court. By filing an appeal, the aggrieved party would have another chance to argue their case before a higher authority or the Appellate Court, which would review the case objectively and fix any errors.

The Criminal Procedure Code (CrPC), which does not define appeal, is to be interpreted legally as judicial review by a higher court of a decree, order, or judgment made by a lower court. The Cambridge dictionary defines an appeal as “a request made to a court of law or to someone in authority to change a previous decision.”

In case of no law for appeal

As was already mentioned, the right to appeal is one that is granted by the statute itself and is neither an inborn nor a vested right. Such an appeal would not be permitted if there was no provision allowing one for the particular case.

Appeals from convictions

Those who have been found guilty of an offense are not always happy with the verdict and may believe they were wrongly condemned. In such cases, they may request that a higher court reconsider the decision or order made in accordance with 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

According to Section 374(3), the convicted may appeal to the Court of Session when an order or decree for conviction is made in a trial conducted by a Metropolitan Magistrate, Assistant Session Judge, Magistrate of the first class, or Magistrate of the second class. It is also possible to appeal a conviction to the Court of Session if it was rendered in accordance with Section 325 of the Code, i.e. after consulting the Chief Judicial Magistrate. The order may also be appealed to the Court of Session when a criminal is released under probation for good behavior or following a warning under Section 360 of the law.

Appeal to the High Court

Any person convicted may appeal to the High Court a decision made by the Sessions Judge, an Additional Sessions Judge, or on a trial held by any other court when a term of imprisonment for 7 years or less was handed down, in accordance with Section 374(2) of the Code. For instance, if the defendant believes the ruling was unfair and the Sessions Judge sentences him to five years in jail, he may appeal the decision to the High Court.

Appeal to the Supreme Court

Any person who has been found guilty by the High Court in the course of its extraordinary original criminal jurisdiction may appeal that decision to the Supreme Court of India under Section 374(1) of the Code. According to Section 379 of the Code, the defendant may file an appeal with the Supreme Court in cases when the High Court reverses an order of acquittal and sentences the defendant to at least 10 years in prison, life in prison, or death.