Appeals

Introduction  

Appeal is a complaint to a superior court of an injustice done or error committed by an inferior court, whose judgement or decision the Court calls upon to correct or reverse. 

• Appeal is statutory right, and no one has an inherent right to appeal. 
• Criminal appeals are discussed in Chapter 29 of the Criminal Procedure Code,1973 (CrPC) covering Section 372 to 394.  
• The chapter is not absolute and exhaustive, as many provisions related to appeals are provided out of this chapter, for instance, sections 86, 250, 351, 449, 454, 458(2). 
• Appeals under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is placed under Chapter XXX from Section 413 to 435. 

Objectives of Appeal 

• The objectives of appeal under CrPC can be summarized as follows: 
  • Ensuring Justice: To provide a mechanism for correcting errors or injustices in lower court judgments. 
  • Protecting Rights: To safeguard the rights of parties involved by allowing them to challenge unfavorable decisions. 
  • Ensuring Fairness: To promote fairness and equity in legal proceedings through higher court review. 
  • Legal Redress: To offer a pathway for legal redressal and remedy against wrongful convictions or inadequate sentences. 

 Types of Appeals

• Appeal in Court of Session: Section 373 of CrPC grants individuals the right to appeal to the Court of Session against certain orders. These orders pertain to Section 117, which mandates individuals to provide security for peace or good behavior, and Section 121, which deals with the court's acceptance or rejection of sureties. This provision enables individuals to request a judicial review of these orders, ensuring that the legal process remains fair and accountable. 
• Appeal from Convictions: Section 374 of the CrPC offers different appeal routes for convictions: 
• Convictions by a High Court (under its extraordinary original criminal jurisdiction) can appeal directly to the Supreme Court. 
• Convictions by a Court of Session or Additional Court of Session can appeal to the respective High Court. 
• Convictions by Lower Courts (like Metropolitan Magistrates, Assistant Sessions Judges, or Magistrates of the first or second class), including sentences under Section 325 or orders under Section 360 of the CrPC, can appeal to the Court of Session.  
• State Appeals: The State Government has specific provisions for appeals. Section 377 allows the State to appeal for the enhancement of a sentence imposed by a lower court. Conversely, under Section 378, the State can appeal against the acquittal of an accused person by a lower court. 
• Appeal Against Conviction by High Court in certain cases: Section 379 of CrPC allows for appeals in specific cases by the accused. If a High Court overturns an acquittal and convicts someone, sentencing them to death, life imprisonment, or ten years or more, the accused has the right to appeal to the Supreme Court. 
• Special Right of Appeal in certain cases: Section 380 of the CrPC grants a special right of appeal to an accused under specific circumstances. If one co-accused receives a sentence that can be appealed, the accused who received a non-appealable sentence also gains the right to appeal. 

Grounds of Appeal 

Under the CrPC there are several grounds on which an appeal can be filed against the decision of a lower court. These grounds generally include: 

• Errors of Law: This includes mis-interpretation or misapplication of the law by the lower court. 
• Errors of Fact: Appeals can be made if there are substantial errors in the findings of fact by the lower court, which are material to the case. 
• Procedural Errors: Any procedural irregularities or violations during the trial process that may have affected the fairness of the trial can be grounds for appeal. 
• Perversity: This refers to a decision by the lower court that is so unreasonable that no reasonable person could have come to such a conclusion based on the evidence presented. 
• Improper Admission or Rejection of Evidence: If the lower court improperly admitted or rejected crucial evidence that significantly affected the outcome of the case, it can be grounds for appeal. 
• Violation of Legal Principles: Any violation of fundamental legal principles or rules of natural justice during the trial process can also be raised on appeal. 
• Excessive Sentence: If the sentence imposed by the lower court is considered excessive or disproportionate to the offense committed, it can be challenged on appeal. 

Instances when an Appeal is Lodged 

Appeals arise in the following situations: 

• A person convicted by a High Court can appeal to the Supreme Court. If convicted by a Sessions Court or similar lower court with a sentence exceeding seven years, they also have the right to appeal to the Supreme Court. 
• Anyone can appeal against orders requiring security or rejecting surety for maintaining peace or good behavior. 
• Section 377 of the CrPC allows the government to direct the public prosecutor to appeal court decisions deemed too lenient in sentencing. 

Important Sections of Appeal 

Section 374 of CrPC:  

• Convictions from the High Court can be appealed to the Supreme Court. 
•  Convictions from the Court of Session or Additional Court of Session can be appealed to the High Court.  
• Sentences over seven years from the Court of Session or Additional Court of Session can be appealed to the High Court. 

Section 376 of CrPC:  

• Minor offenses are generally not eligible for appeal.  
• Procedures for handling such matters differ across jurisdictions. 
• Section 378 of CrPC:  
• If a magistrate acquits someone of a serious, non-bailable crime, the district magistrate can instruct the prosecutor to appeal to the court of session.  
• If acquitted in another court, the state can appeal by filing a request there too. 

Section 386 of CrPC:  

• The Appellate court can: 
  • Dismiss an appeal if there are insufficient grounds to intervene. 
  • Overturn an acquittal, order further inquiry or retrial, and pass a lawful sentence. 
  • Reverse, modify, or uphold a conviction. 
  • Increase a sentence by changing findings or altering the nature of the sentence. 
  • Make necessary amendments or other just or appropriate orders. 

Section 394 of CrPC:  

• As per the Section, if an accused dies, appeals are typically dismissed, except for fines.  
• However, if the appeal involves a death sentence or imprisonment and the appellant dies during it, a close relative can apply within thirty days to continue.  
• If allowed, the appeal won't be dismissed. 

Case Laws 

• Navjot Singh Sidhu Case (1988): 
  • In this case, the Punjab and Haryana High Court held that Section 389 of CrPC ensures fair appeals without undue hardship for the appellant, allowing time for the appeal to be decided. 
• Dilip S. Dahanukar v. Kotak Mahindra Co. Ltd. and Anr. (2006): 
  • An individual convicted of an offense possesses an inherent right to pursue an appeal as outlined in Section 374 of the Code. Considering the expansive scope of Article 21, which encompasses fundamental freedoms, the ability to appeal a conviction affecting one's liberty remains a fundamental entitlement. Consequently, the right to appeal cannot be restricted or contingent upon any conditions. Article 21 of the Indian Constitution and Section 374 of the Criminal Procedure Code unequivocally guarantee the right to appeal.