Chapter XXIX
Section 375 CrPC: No appeal in certain cases when accused pleads guilty
New Law Update (2024)
Section 406 BNSS
TRIAL COURT
High Court, Court of Session, Metropolitan Magistrate, Magistrate of the first class, Magistrate of the second class
Punishment
Procedural – Judgment / Sentencing
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) if the conviction is by a High Court; or
(2) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, except as to the extent or legality of the sentence.
Important Sub-Sections Explained
Section 375(1) & (2)
These subsections jointly specify that if an accused pleads guilty, they generally cannot appeal their conviction if it’s issued by a High Court, Court of Session, Metropolitan Magistrate, or any Magistrate, unless the appeal pertains strictly to the severity or legal validity of the imposed sentence.
Landmark Judgements
State of Rajasthan v. Kishore (2007):
The Supreme Court clarified that an appeal against a conviction based on a guilty plea is maintainable only with regard to the ‘extent or legality of the sentence,’ not the finding of guilt itself. This emphasizes the limited scope of appeal under Section 375 CrPC.
Bhagwan Das v. State of Rajasthan (2003):
This judgment affirmed that when an accused person enters an unequivocal plea of guilty, the conviction cannot be challenged on appeal, save for specific grounds concerning the legality or proportionality of the sentence imposed by the court.