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.

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