CrPC Sections 379, 380, 381 and 382: Appeals and Petition of Appeal

Section 379 CrPC - Appeal against conviction by High Court in certain cases

Meaning: Section 379 created a statutory right of appeal to the Supreme Court in a specific situation. It applied where the High Court, while deciding an appeal, reversed an acquittal, convicted the accused and imposed death, imprisonment for life, or imprisonment for ten years or more.

Thus, the provision was narrower than a general right to challenge every High Court conviction. Its conditions concerning reversal of acquittal and the sentence imposed had to be satisfied.

Section 380 CrPC - Special right of appeal in certain cases

Meaning: Section 380 began with a non-obstante clause and dealt with persons convicted together in one trial. Where an appealable judgment or order was passed in respect of any one of the persons convicted in that trial, all or any of the persons convicted at the same trial obtained a right of appeal.

The provision was intended to avoid a situation in which persons convicted in the same trial had materially different access to appellate scrutiny merely because the judgment or order was independently appealable in relation to only one or some of them.

Section 381 CrPC - Appeal to Court of Session how heard

Meaning: Section 381 regulated allocation and hearing of appeals presented to the Court of Session or Sessions Judge.

Under sub-section (1), such an appeal was ordinarily heard by the Sessions Judge or an Additional Sessions Judge. The proviso permitted an appeal against a conviction in a trial held by a Magistrate of the second class to be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.

Under sub-section (2), an Additional Sessions Judge, Assistant Sessions Judge or Chief Judicial Magistrate could hear only those appeals made over by the Sessions Judge through a general or special order, or directed by the High Court through a special order.

Section 382 CrPC - Petition of appeal

Meaning: Section 382 prescribed the ordinary form and presentation of a criminal appeal. Every appeal was to be made by a petition in writing presented by the appellant or the appellant's pleader. Unless the appellate court directed otherwise, the petition was also to be accompanied by a copy of the judgment or order challenged.

State and Union Territory amendment retained from the earlier page

The earlier page also recorded a special amendment applicable to the Andaman and Nicobar Islands and Lakshadweep. In substance, it permitted presentation of a petition of appeal to the Administrator or to an Executive Magistrate not below the rank of Sub-Divisional Magistrate where filing before the proper appellate court was not practicable. The receiving authority was required to forward the appeal to the proper appellate court and, in specified circumstances involving weather, transport or other difficulties, could exercise powers concerning suspension of sentence or bail until the proper appellate court modified or reversed the order.

For the amendment, the expression Administrator referred to the Administrator appointed by the President under Article 239 of the Constitution for the Union Territory. It also treated an appeal presented through the specified authority as presented to the proper appellate court for computation of limitation and other purposes. The amendment was stated to operate under Regulation 1 of 1974 with effect from 30 March 1974.