Source: Supreme Court  

Why in News?

The Supreme Court states that the right to appeal against a conviction is a statutory and fundamental right under Article 21 of the Constitution. It held that a properly explained delay in filing an appeal cannot justify its dismissal. This observation came while hearing an appeal against the Madhya Pradesh High Court's dismissal of an appeal due to a 1637-day delay. The accused had cited financial constraints and livelihood-related reasons for the delay. 

• Justice BV Nagarathna and Justice N Kotiswar Singh held in the matter of Mahesh Singh Banzara v. State of Madhya Pradesh. 

What was the Background of Mahesh Singh Banzara v. State of Madhya Pradesh Case? 

• Mahesh Singh Banzara was convicted by a trial court on July 23, 2015, under two charges under the Indian Penal Code, 1860 (IPC): 
  • Section 366 of IPC: Sentenced to 7 years rigorous imprisonment and Rs. 10,000 fine.  
  • Section 376(2)(n) of IPC: Sentenced to 10 years rigorous imprisonment and Rs. 50,000 fine.  
• Banzara filed a criminal appeal against his conviction in the Madhya Pradesh High Court, but this was filed after a significant delay of 1,637 days. 
• Along with his appeal, he filed an application seeking condonation of the delay, citing two main reasons:  
  • Lack of monetary resources. 
  • Need to travel out of station to earn his livelihood. 
• The Madhya Pradesh High Court, Principal Seat at Jabalpur, on 2nd March 2023:  
  • Interpreted his reasons as absconding after the judgment. 
  • Dismissed his application for condonation of delay. 
  • Consequently, dismissed the criminal appeal. 
  • This made the trial court's conviction final. 
• Against this dismissal by the High Court, Banzara filed a Special Leave Petition in the Supreme Court of India. 

What were the Court’s Observations? 

• The right to appeal against a conviction is a statutory right provided under Section 374 of the Criminal Procedure Code,1973. 
• When it concerns a person's liberty, the right to appeal is also a fundamental right under Article 21 of the Constitution. 
• The Court cited the Dilip S. Dahanukar case to emphasize that an offender who has been convicted is entitled to exercise their right of appeal. 
• Referring to the Rajendra case, the Court noted that appeals should not be dismissed as time-barred without examining the reasons for the delay. 
• The Supreme Court found that the High Court erred by dismissing the appeal solely due to delay without properly examining the reasons provided. 
• The Court held that dismissal based on mere technicalities without substantive assessment of the appellant's reasons was erroneous. 
• Based on these observations, the Court condoned the 1,637-day delay and directed the High Court to hear the criminal appeal on its merits. 

Right to Appeal  

• Overview: 
  • The right to appeal is a legal entitlement that allows parties to challenge lower court decisions in higher courts, and is recognized under Article 21 of the Constitution of India. 
  • It is a statutory right, not an inherent right, and can only be exercised within the framework of specific statutes that grant it. 
  • The law governing the right to appeal is the one in force when the lawsuit was filed, not when the decision is made or appeal is filed. 
  • Historical Development: 4. Ancient India based justice on dharma, where people could approach the king or local courts for redressal. 
• The British rule formalized the legal system by introducing:  
  • Civil Procedure Code (1908) for civil suits. 
  • Criminal Procedure Code (1898) for criminal appeals. 
• Post-independence developments included:  
  • Constitutional recognition of access to justice as a fundamental right. 
  • Establishment of Supreme Court as the highest appellate authority. 
  • Empowerment of High Courts to hear appeals from lower courts. 
• Right to Appeal Characteristics:  
  • It is a substantive right that vests from the beginning of the case but is exercised only after an unfavorable judgment. 
  • The statute granting the right can impose conditions for its exercise and alter the forum of appeal. 
  • The right combines influences from Hindu legal traditions (mediation) and Islamic legal system (fair trials and appeals). 

What are the Legal Frameworks of Right to Appeal? 

The Code of Criminal Procedure, 1973 (CrPC)   

• Section 374 CrPC establishes a hierarchical system of appeals, allowing convicted persons to appeal to three levels of courts - the Supreme Court, High Court, and Court of Session, depending on which court convicted them. 

Bharatiya Nyaya Suraksha Sanhita, 2023 

• It establishes a three-tiered appellate structure:  
  • Supreme Court for High Court convictions. 
  • High Court for Sessions Court convictions with 7+ year sentences. 
  • Sessions Court for Magistrate convictions. 
• For High Court convictions [Section 415(1)]:  
  • Appeals lie to the Supreme Court. 
  • It only applies to extraordinary original criminal jurisdiction cases. 
  • No minimum sentence requirement specified. 
• For Sessions Court convictions [Section 415(2)]:  
  • Appeals lie to High Court. 
  • Applies to trials by Sessions/Additional Sessions Judges. 
  • Also covers cases with 7+ year sentences from other courts. 
  • Includes co-accused convicted in same trial. 
• For Magistrate Court convictions [Section 415(3)]:  
  • Appeals lie to Sessions Court. 
  • Covers first class and second-class Magistrate trials. 
  • Includes sentences under section 364. 
  • Covers orders/sentences under section 401. 
• Special time limit [Section 415(4)]:  
  • 6-month disposal deadline. 
  • Applies to appeals against sentences under specified sections of Bharatiya Nyaya Sanhita, 2023. 
  • Time starts from appeal filing date. 

Right to Appeal under Section 96 of CPC: 

• Under Section 96 of CPC, any party adversely affected by a decree passed by a court exercising original jurisdiction has the right to file a first appeal. 
• Legal representatives of deceased parties (under Section 146) and transferees whose names are recorded in the suit can also appeal. 
• Non-parties to the suit can only appeal if they obtain special leave from the appellate court and can prove they are bound, aggrieved, or prejudicially affected by the decree. 

Right to Appeal under Article 21 Constitution of India,1950 and Statutory Law: 

• The right to appeal is recognized as part of the fundamental right to life and personal liberty under Article 21 of the Constitution of India. 
• It is not an inherent right but a substantive right granted through specific statutes. 
• The right vests at the beginning of the case but can only be exercised after an unfavorable judgment. 
• The law governing the appeal is the one in force when the lawsuit was filed, not when the decision is made, or appeal is filed. 
• While statutes can impose conditions on exercising this right, these conditions cannot be so restrictive as to make the right meaningless, as noted by Justice Khanna.

Appeal Limitation Periods: