No appeal to lie unless otherwise provided. What is appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour? What is the rule for appeals from convictions? Section 372, 373 and 374 of Code of Criminal Procedure 1973

No appeal to lie unless otherwise provided, Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour and Appeals from convictions are defined under Section 372,373 and 374 of CRPC 1973. Provisions under these sections are:

Section 372 of CRPC "No appeal to lie unless otherwise provided"

No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any law for the time being in force.

Section 373 of CRPC "Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour"

Any person,--

(i) who has been ordered under Section 117 to security for keeping the peace or for good behaviour, or

(ii) who is aggrieved by any order refusing to accept or rejecting a surety under Section 121,

may appeal against such order to the Court of Session:

Provided that nothing in this section shall apply to persons the proceedings against whom are laid before a sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of Section 122

Section 374 of CRPC "Appeals from convictions"

(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.

(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held any other Court in which a sentence of imprisonment more than seven years has been against him or against any other person convicted at the same trial may appeal to the High Court.

(3) Save as otherwise provided in sub-section (2), any person:--

(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate

of the first class, or of the second class, or

(b) sentenced under Section 325, or

(c) in respect of whom an order has been made or a sentence has been passed under Section 360 by any Magistrate may appeal to the Court of Session.

CASE-LAW

Prior statement of a witness cannot be used as substantive evidence, 1997 (1) SCC 145.

STATE AMENDMENTS

Punjab :- In sub-section (3) for the words "Magistrate of First Class" the words "Executive Magistrate" shall be substituted.

Union Territory of Chandigarh :- Same as in Punjab.

APPEALS

No appeal to lie unless otherwise provided. What is appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour? What is the rule for appeals from convictions? Section 372, 373 and 374 of Code of Criminal Procedure 1973

No appeal in certain cases when accused pleads guilty, No appeal in petty cases. Section 375 and 376 of Code of Criminal Procedure 1973

What is appeal by the State Government against sentence? What is appeal in case of acquittal?. Section 377 and 378 of Code of Criminal Procedure 1973

What is appeal against conviction by High Court in certain cases? What is Special right of appeal in certain cases? What is appeal to Court of Session? how heard Petition of appeal? Section 379, 380, 381 and 382 of Code of Criminal Procedure 1973

What is the procedure when appellant in jail? What is summary dismissal of appeal? What is the procedure for hearing appeals not dismissed summarily? Section 383, 384 and 385 of Code of Criminal Procedure 1973

What are powers of the Appellate Court? What are judgment of Subordinate Appellate Court? Section 386 and 387 of Code of Criminal Procedure 1973

Order of High Court on appeal to be certified to lower Court? What is suspension of sentence pending the appeal; release of appellant on bail? Section 388 and 389 of Code of Criminal Procedure 1973

What is arrest of accused in appeal from acquittal? Appellate Court may take further evidence or direct it to be taken? Section 390 and 391 of Code of Criminal Procedure 1973

What is Procedure where Judges of Court of Appeal are equally divided? What is Finality of judgment and orders on appeal? What is Abatement of appeals? Section 392, 393 and 394 of Code of Criminal Procedure 1973

 

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