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

Appeal by the State Government against sentence and appeal in case of acquittal are defined under Section 377 and 378 of CRPC 1973. Provisions under these sections are:

Section 377 of CRPC "Appeal by the State Government against sentence"

 (1) Save as otherwise provided in section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy.

(2) If such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy.

(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause; the accused may plead of his acquittal or for the reduction of the sentence.

Section 378 of CRPC "Appeal in case of acquittal"

(1) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court, or an order of acquittal passed by the Court of Session in revision.

(2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal, subject to the provisions of sub-section (3), to the high Court from the order of acquittal.

(3) No appeal under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.

(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.

(5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.

(6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).

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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