Section 374 CrPC: Appeals from convictions

Chapter XXIX

appeal, appellate jurisdiction, criminal conviction, High Court appeal, right to appeal, Sessions Court appeal, sexual offences appeal timeline, Supreme Court appeal

New Law Update (2024)

Section 406 BNSS

TRIAL COURT

High Court (extraordinary original criminal jurisdiction), Sessions Judge, Additional Sessions Judge, any other Court (where sentence of imprisonment for more than seven years has been passed), Metropolitan Magistrate, Assistant Sessions Judge, Magistrate of the first class, Magistrate of the second class

Punishment

Procedural – Trial / Charge

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.

(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial, may appeal to the High Court.

(3) Save as otherwise provided in sub-section (2), any person—
(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class or of the second class; or
(b) sentenced under section 325; or
(c) in respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate,
may appeal to the Court of Session.

(4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.

Important Sub-Sections Explained

Section 374(2)

This sub-section specifies that individuals convicted on a trial by a Sessions Judge, an Additional Sessions Judge, or any court imposing an imprisonment sentence exceeding seven years, have the right to appeal their conviction to the High Court.

Section 374(4)

This crucial sub-section mandates a six-month deadline for the disposal of appeals concerning serious sexual offences under specific sections of the Indian Penal Code, ensuring timely justice in such sensitive matters.

Landmark Judgements

State of U.P. v. M.K. Anthony (1985):

This landmark case elucidates the powers of an appellate court to re-appreciate evidence and interfere with findings of fact, emphasizing that while such power exists, findings based on the trial court’s assessment of witness credibility should not be disturbed lightly.

Ram Phal v. State of Rajasthan (2009):

The Supreme Court in this case highlighted the appellate court’s comprehensive duty to conduct a thorough re-appraisal of the entire evidence on record, particularly when considering reversing an acquittal or confirming a conviction, to ensure that justice is meted out.

Draft Format / Application

IN THE HIGH COURT OF JUDICATURE AT [CITY/STATE]
(OR, IN THE COURT OF SESSIONS, [DISTRICT])

CRIMINAL APPEAL NO. ______ OF [YEAR]

IN THE MATTER OF:

[APPELLANT’S NAME]
S/o, W/o, D/o [FATHER/HUSBAND’S NAME]
Aged about [AGE] years,
Residing at [ADDRESS]
… Appellant

VERSUS

THE STATE OF [STATE]
(THROUGH STATION HOUSE OFFICER, [POLICE STATION NAME], [DISTRICT])
… Respondent

MEMORANDUM OF CRIMINAL APPEAL
UNDER SECTION 374 OF THE CODE OF CRIMINAL PROCEDURE, 1973

MOST RESPECTFULLY SHOWETH:

1. That the Appellant is aggrieved by the judgment and order of conviction and sentence dated [DATE OF JUDGMENT] passed by the Hon’ble [NAME OF TRIAL COURT, e.g., Additional Sessions Judge, XYZ District] in [CASE NUMBER, e.g., S.C. No. 123/20XX] whereby the Appellant has been convicted for offences under Section(s) [SECTION(S) OF IPC] and sentenced to [SENTENCE DETAILS].
2. That a certified copy of the impugned judgment and order is annexed herewith as ANNEXURE A.
3. That the facts leading to the filing of the present appeal are briefly as under:
[PROVIDE A CONCISE SUMMARY OF THE CASE BACKGROUND AND PROCEEDINGS IN THE TRIAL COURT, e.g., FIR details, charges framed, prosecution evidence, defence taken.]
4. That the Appellant has been wrongly convicted and the impugned judgment and order is bad in law and on facts for the following amongst other grounds:

GROUNDS OF APPEAL:
A. Because the learned Trial Court failed to appreciate the evidence on record in its true perspective and erroneously convicted the Appellant.
B. Because the prosecution has failed to prove the guilt of the Appellant beyond reasonable doubt.
C. Because [SPECIFIC LEGAL OR FACTUAL ERROR COMMITTED BY THE TRIAL COURT, e.g., misinterpretation of evidence, non-consideration of defence arguments, legal infirmity in the charge or procedure].
D. Because the sentence awarded is harsh and excessive considering the facts and circumstances of the case.
E. Because [ADD OTHER GROUNDS AS APPLICABLE].

5. That the Appellant has not filed any other appeal, revision, or petition against the impugned judgment and order before any other Court.
6. That the Appellant seeks the setting aside of the impugned judgment and order and acquittal from all charges, or in the alternative, a reduction in the sentence awarded.

PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
(a) Call for the records of the Trial Court.
(b) Set aside the judgment and order of conviction and sentence dated [DATE] passed by the Hon’ble [NAME OF TRIAL COURT] in [CASE NUMBER] against the Appellant.
(c) Acquit the Appellant of all charges levelled against him/her.
(d) Pass any other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE APPELLANT SHALL EVER PRAY.

Place: [CITY]
Date: [DATE]

[SIGNATURE OF APPELLANT/ADVOCATE]
[NAME OF APPELLANT/ADVOCATE]
[ADVOCATE’S ENROLLMENT NUMBER (IF APPLICABLE)]

Chapter XXIX