Lawgist377Appeal by the State Government against sentence
(1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present 1[an appeal against the sentence on the ground of its inadequacy---
(a) to the Court of Session, if the sentence is passed by the Magistrate; and
(b) to the High Court, if the sentence is passed by any other Court.]
(2) If such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, 2 [the Central Government may also direct] the Public Prosecutor to present 3 [an appeal against the sentence on the ground of its inadequacy---
(a) to the Court of Session, if the sentence is passed by the Magistrate; and
(b) to the High Court, if the sentence is passed by any other Court.]
(3) When an appeal has been filed against the sentence on the ground of its inadequacy, 4 [the Court of Session or, as the case may be, the High Court] shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.
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1. Subs. by Act 25 of 2005, s. 31, for certain words (w.e.f. 23-6-2006).
2. Subs. by Act 45 of 1978, s. 29, for certain words (w.e.f. 18-12-1978).
3. Subs. by Act 25 of 2005, s. 31, for certain words (w.e.f. 23-6-2006).
4. Subs. by s. 31, ibid., for "the High Court" (w.e.f. 23-6-2006).
- 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
