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The word “appeal” has not been defined in The Code of Criminal Procedure, 1973. However, Appeal is basically a case that is filed to a superior court to make the correction in the decision of the inferior court.
At Law Samadhan, we understand that the appeals process can seem daunting, but with our team of experienced legal professionals by your side, you can rest assured that your case will be given the attention it deserves. Our dedicated team will work tirelessly to build a strong case, utilizing their in-depth knowledge of the law to present compelling arguments in your favor.Contact Law Samadhan today to learn more about how we can help you appeal your legal matter and achieve the justice you deserve.
1. Appeal in Court of Session –
An appeal may lie to the Session Court against the order under:
Section 117: Where a person has been ordered to give security for keeping the peace or for good behaviour.
Section 121: Where a person has been aggrieved by any order refusing to accept or reject a surety.
2. Appeal From Convictions –
• If High Court passes an order of conviction, an appeal shall lie to Supreme Court.
• If Court of Session or Additional Court of Session passes the order of conviction during the trial, an appeal shall lie to High Court.
• If Court of Session or Additional Court of Session gives punishment of more than seven years, the appeal shall lie to High Court.
3. State Appeals –
Section 377 CrPC: This provision gives state governments the power to appeal through a public prosecutor at the Court of Session or High Court on the grounds of insufficiency of the sentence.
Section 378 CrPC: This section authorizes district magistrates to direct public prosecutor to file an appeal to the Court of Session for the order of acquittal done by any Magistrate in a matter involving cognizable and non-bailable offence.
4. Appeal Against Conviction by High Court in Certain Cases –
Section 379 CrPC: If the High Court overturns an acquittal, convicts, and sentences the accused to death, life imprisonment, or a minimum of 10 years' imprisonment, the defendant has the right to appeal to the Supreme Court.
5. Special Right of Appeal in Certain Cases –
Section 380 CrPC: Under this section, an accused has a right of appeal in an unappealable sentence if his co-accused has been given an appealable sentence.
The grounds for appealing a case in India can include errors in the lower court's proceedings, decisions, or verdicts, as well as new evidence that may have an impact on the case.
The appeal process in India involves filing a notice of appeal with the higher court, submitting written arguments, and potentially appearing in court for oral arguments. The higher court will then make a decision based on the information presented.
Yes, a plea bargain agreement can be appealed in India if either party believes the agreement was made under duress, was unethical, or is otherwise illegal.
The time limit for filing an appeal in India typically ranges from 30 to 90 days from the date of the lower court's decision or verdict.
No, the outcome of an appeal cannot be changed after it is decided in India, unless a higher court grants a request for review or the case is reopened based on new evidence.
The role of the appellate court in India is to review the lower court's decision or verdict and determine if it was made correctly based on the evidence and arguments presented.
Yes, a defendant in India can appeal a case multiple times, but each subsequent appeal must be based on new evidence or circumstances that have arisen since the previous appeal.