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

No appeal in certain cases when accused pleads guilty and No appeal in petty cases are defined under Section 375 and 376 of CRPC 1973. Provisions under these sections are:

 

 

 

 

Section 375 of CRPC "No appeal in certain cases when accused pleads guilty"

Notwithstanding anything contained in Section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal:--

(a) if the conviction is by a High Court ; or

(b) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or

second class, except as to the extent or legality of the sentence.

Section 376 of CRPC "No appeal in petty cases"

Notwithstanding anything contained in Section 374, there shall be no appeal by a convicted person in any of the following cases, namely:-

(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of

fine not exceeding one thousand rupees, or of both such imprisonment and fine;

(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisons for a term

not exceeding three months or of not exceeding two hundred rupees, or of both such imprisonment and fine;

(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees ;

or

(d) where, in a case tried summarily, a Magistrate empowered to act under Section 260 passes only a sentence of fine not exceeding two hundred rupees:-

Provided that an appeal may be brought against such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground:--

(i) that the person convicted is ordered to furnish security to keep the peace; or

(ii) that a direction for imprisonment in default payment of fine is included in the sentence; or

(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed not exceed the amount hereinbefore specified in respect of the case.

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