Chapter XXIX
Section 379 CrPC: Appeal against conviction by High Court in certain cases
New Law Update (2024)
Section 401 BNSS
TRIAL COURT
Punishment
Procedural – Appeals / Revision
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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.
Important Sub-Sections Explained
Landmark Judgements
State of Punjab v. Jagir Singh (1973):
The Supreme Court clarified the interpretation of the phrase ‘imprisonment for a term of ten years or more’ under Section 379 (then 411A CrPC 1898), particularly regarding how concurrent sentences are to be reckoned for determining the minimum term required for an appeal to the Supreme Court.
Balwan Singh v. State of Haryana (1998):
This case reaffirmed the statutory right of appeal to the Supreme Court under Section 379 CrPC when the High Court reverses an order of acquittal and convicts the accused, imposing a sentence of death, life imprisonment, or imprisonment for a term of ten years or more, emphasizing the importance of this right for the convicted person.