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.

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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