Lawgist374Appeals from convictions
(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 1 [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.
STATE AMENDMENT
Assam
In Section 374 of the Code, in clause (a) of sub-section (3), for the words "Magistrate of the first class, or of the second class," the words “Magistrate of the first class, Executive Magistrate or a Magistrate of the second class," shall be substituted.
[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]
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1. Subs. by Act 45 of 1978, s. 28, for "has been passed" (w.e.f. 18-12-1978).
- 372 No appeal to lie unless otherwise provided
- 373 Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
- 374 Appeals from convictions
- 375 No appeal in certain cases when accused pleads guilty
- 376 No appeal in petty cases
- 377 Appeal by the State Government against sentence
- 378 Appeal in case of acquittal
- 379 Appeal against conviction by High Court in certain cases
- 380 Special right of appeal in certain cases
- 381 Appeal to Court of Session how heard
- 382 Petition of appeal
- 383 Procedure when appellant in jail
- 384 Summary dismissal of appeal
- 385 Procedure for hearing appeals not dismissed summarily
- 386 Powers of the Appellate Court
- 387 Judgments of Subordinate Appellate Court
- 388 Order of High Court on appeal to be certified to lower Court
- 389 Suspension of sentence pending the appeal; release of appellant on bail
- 390 Arrest of accused in appeal from acquittal
- 391 Appellate Court may take further evidence or direct it to be taken
- 392 Procedure where Judges of Court of Appeal are equally divided
- 393 Finality of judgments and orders on appeal
- 394 Abatement of appeals
