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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

Appeal against conviction by High Court in certain cases, Special right of appeal in certain cases, Appeal to Court of Session and how heard Petition of appeal are defined under Section 379, 380, 381 and 382 of CRPC 1973. Provisions under these sections are:





Section 379 of CRPC "Appeal against conviction by High Court in certain cases"

Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court.


Section 380 of CRPC "Special right of appeal in certain cases"

Notwithstanding anything contained in this chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal


Section 381 of CRPC "Appeal to Court of Session how heard"

(1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:

Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.

(2) An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.


Section 382 of CRPC "Petition of appeal"

Every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against.


Andaman, Nicobar Island and Lakshadweep Island:- (I) Section 382 renumbered as sub-section (1, the following proviso shall be added to sub-section (1) so renumbered:-

"Provided that where it is not practicable to file the petition of appeal to the proper Appellate Court, the petition of appeal may be presented to the Administrator or to an Executive Magistrate not below the rank of a sub-divisional Magistrate, who shall forward the same to the proper Appellate Court; and, when any such appeal is presented to the Administrator or to an Executive Magistrate, he shall record thereon the date of its presentation and, if he is satisfied that, by reason of the weather, transport or other difficulties, it is not possible for the appellant to obtain, from the proper Appellate Court, orders for the suspension of the sentence or for bail, he may, in respect of such appeal, or an appeal forwarded to him under Section 383 exercise all or any of the powers of the proper Appellate Court under sub- section (1) of Section 389 with regard to suspension of sentence or release of a convicted person on bail:


Provided further that the order so made by the Administrator or the Executive Magistrate shall have effect until it is reversed or modified by the proper Appellate Court.

Explanation:-- For the purposes of the provisos to this Section and Section 383, "Administrator" in relation to a Union Territory, means the Administrator appointed by the President under Article 239 of the Constitution, for the Union Territory.

(i) After sub-section (1) so renumbered, the following sub-section (2) shall be inserted, namely,-

(2) For the purposes of computation of the period of limitation, and for all other purposes, an appeal presented to an Administrator or an Executive Magistrate under sub-section (1) or, as the case may be, under section 383, shall be deemed to be an appeal presented to the proper Appellate Court". Regulation 1 of 1974, w.e.f. 30-3-1974.


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