Chapter XXIX
Section 383 CrPC: Procedure when appellant in jail
New Law Update (2024)
Section 439 BNSS
TRIAL COURT
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act Text
If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court.
Important Sub-Sections Explained
Landmark Judgements
Prem Chand v. State of Himachal Pradesh, AIR 1978 SC 866:
The Supreme Court underscored the duty of jail authorities to facilitate the filing of appeals by incarcerated persons. It emphasized that an appeal lodged by a prisoner through the jail authorities within the limitation period should be considered valid, ensuring that imprisonment does not impede access to justice.
Hussainara Khatoon and Ors. v. Home Secretary, State of Bihar, (1980) 1 SCC 81:
While not directly on Section 383, this seminal case established the fundamental right to a speedy trial and legal aid for prisoners, reinforcing the broader principle that the state has an obligation to ensure fair procedure and access to justice for all, including those in custody, which implicitly supports mechanisms like Section 383.