Criminal Law

Criminal Appeal

An accused has right to file criminal appeal before appellate court if Magistrate or Session Court passed order of conviction.

Provision about Criminal Appeal

Section 427 of BNSS, 2023 speaks about the powers of Appellate Court. The appellate court can exercise their powers under this section.

Power of Appellate Court

The powers of an appellate Court are as wide as of trial court and the appellate court can review whole evidence and all relevant circumstances to arrive at its own conclusion about the guilt or innocence of the accused.

An appellate court can re-appreciate the entire evidence on record. The appellate court should normally give due weight to the decision of the trial court.

The appellate court normally keeps it in mind that the trial court had distinct advantage of watching demeanor of the witnesses.

Criminal Appeal against Conviction

 In maximum cases a accused file criminal appeal before the Appellate Court against their conviction. Once trial court convict an accused during criminal trial, he has also right present his case on sentence.

If the Supreme Court had given anticipatory bail during trial proceedings, the may be continued by way of suspending conviction in appeal.

Criminal Appeal against Acquittal

State Government through Public Prosecutor also files appeal in those cases where Court acquitted an accused.

Appellate Court cannot enhance Punishment

Normally an appellate court do not enhance the punishment, however, the appellate enhances the punishment only after giving an opportunity of showing cause to the accused against such enhancement.

Case Reference: Kumar Ghimirey Vs. State of Sikkim (AIR 2019 SC 2011)

Victim also has right to Criminal Appeal

Yes, victim or complainant of offence also has right to prefer an appeal against acquittal, conviction for lesser offence.

As per provision of Section 413 of the BNSS, 2023 victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing  inadequate compensation.

Individual victim can also approach to criminal lawyers in in Delhi for filing of criminal appeal before Supreme Court.

Delay in Filing of Appeal

The Sec. 5 of the Limitation Act, 1963 applies in relation to question of condonation of delay in preferring criminal appeals.

If the refusal to condone delay in preferring the appeal results into grave miscarriage of justice, the appellate court should condone the delay and permit the filing of the accused.

Courts do not adopt a pedantic or hyper-technical approach while considering the question of condonation of delay in entertaining appeal against criminal matter judgments.

Frequently Asked Question

Can third party can file criminal appeal in any case ? 

Normally, appellate court do entertain third party appeal in case, however after checking connection of the third party in the subject case the court can permit filing of appeal.

Which Court will conduct trial, if police has filed charge sheet in SC-ST Act as well as POCSO Act ?  

Answer: Both Acts speaks about Separate Special Courts try the offences, however in the above situation POCSO Court may conduct trial for the both the offences

Whether Trial Court can award to compensation to victims ? 

Yes, Trial Court can award compensation to victims under section 396 of the BNSS,2023.

Can both parties do compounding in appeal ? 

Although, the BNSS provides compounding offences under section 359 of the BNSS, 2023. However, High Court can exercise power under Section 528 of BNSS, 2023.

What is Jail Appeal ? 

Section 424 of BNSS provides Jail Appeal. An appellant can forward his appeal to Appellate Court trough Officer in Charge Jail.