Procedure when appellant in jail, Summary dismissal of
appeal and Procedure for hearing appeals not dismissed
summarily are defined under Section
383, 384 and 385 of CRPC 1973.
these sections are:
383 of CRPC
"Procedure when appellant in jail"
appellant is in jail, he may present his petition of appeal
and the copies accompanying the same to the officer in
charge of the jail, who shall thereupon forward such
petition and copies to the proper Appellate Court.
Andaman, Nicobar Islands and Lakshadweep Islands:-
Insert the following words at the end:--
"Or if, by reason of the weather, transport or other
difficulties, it is not possible to forward them to the
proper Appellate Court, they shall be forwarded to the
Administrator or an Executive Magistrate, not below the rank
of a Sub-Divisional Magistrate, who shall, on receipt of
such petition of appeal and copies, record thereon the date
of receipt thereof and thereafter forward the same to the
proper Appellate Court". Regulation 1 of 1974, w.e.f.
384 of CRPC
"Summary dismissal of appeal"
(1) If upon examining the petition of appeal and copy of
the judgment received under Section 382 or Section 383, the
Appellate Court considers that there is no sufficient ground
for interfering, it may dismiss the appeal summarily:-
(a) no appeal presented under Section 382 shall be dismissed
unless the appellant or his pleader has had a reasonable
opportunity of being heard in support of the same;
(b) no appeal presented under Section 383 shall be dismissed
except after giving the appellant a reasonable opportunity
of being heard in support of the same, unless the Appellate
Court considers, that the appeal is frivolous or that the
production of the accused in custody before the Court would
involve such inconvenience as would be disproportionate in
the circumstances of the case;
(c) no appeal presented under Section 383 shall be dismissed
summarily until the period allowed for preferring such
appeal has expired.
(2) Before dismissing an appeal under this Section, the
Court may call for the record of the case.
(3) Where the Appellate Court dismissing an appeal under
this section is a Court of Session or of the Chief Judicial
Magistrate, it shall record its reasons for doing so.
(4) Where an appeal presented under Section 383 has been
dismissed summarily under this section and the Appellate
Court finds that another petition of appeal duly presented
under Section 382 on behalf of the same appellant has not
been considered by it, that Court may, notwithstanding
anything contained in Section 393, if satisfied that it is
necessary in the interests of Justice so to do, hear and
dispose of such appeal in accordance with law.
385 of CRPC
"Procedure for hearing appeals not dismissed summarily"
(1)If the Appellate Court does not dismiss the appeal
summarily, it shall cause notice of the time and place at
which such appeal will be heard to be given:--
(i) to the appellant or his pleader;
(ii) to such officer as the State Government may appoint in
(iii) if the appeal is from a judgment of conviction in a
case instituted upon complaint, to the complainant
(iv) if the appeal is under Section 377 or Section 378, to
and shall also furnish such officer, complainant and accused
with a copy of the grounds of appeal.
(2) The Appellate Court shall then send for the record of
the case, if such record is not already available in the
Court, and hear the parties:
Provided that if the appeal is only as to the extent of the
legality of the sentence, the Court may dispose of the
appeal without sending for the record.
(3) Where the only ground for appeal from a conviction is
the alleged severity of the sentence, the appellant shall
not, except with the leave of the Court, urge or be heard in
support of any other ground.
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