Appeal

Criminal Appeal

An individual who’s been convicted of a crime may “appeal” their case, or ask a higher court to review certain aspects of the case for legal error. This isn’t the same as asking for a new trial because the defendant didn’t like the outcome; but rather, an appeal will determine whether the conviction itself or the sentence imposed were reached in error. Therefore, the appellant (the party who’s appealing the verdict) must show a higher court that there were errors in how the trial was conducted. This means no new evidence may be considered.

After a court has convicted and sentenced a criminal defendant, the defendant may file an appeal to a higher court, asking it to review the lower court’s decision for legal errors that may have affected the outcome of the case. If the appellate court grants the appeal, it may reverse the lower court’s decision in whole or in part. If the appellate court denies the appeal, the lower court’s decision stands.

Official Definition of Criminal Appeal

The word “appeal” has not been defined in The Code of Criminal Procedure, 1973 or The Bhartiya Nagarik Suraksha Sanhita, 2023; however, it can be described as the judicial examination of a decision, given by a lower court, by a higher court.

It needs to be pointed out that except for the statutory provisions laid down by The Code of Criminal Procedure, 1973 or any other law which is in force, an appeal cannot lie from any judgment or an order of a criminal court. Thus, there is no vested right to appeal as such as even the first appeal will be subjected to statutory limitations. However, as per the proviso, the victim has a right to appeal against any order passed by the Court under special circumstances comprising of a judgment of acquittal, conviction for lesser offence or inadequate compensation.

Generally, the same sets of rules and procedures are employed to govern the appeals in the Sessions Courts and High Courts (highest court of appeal in a state and enjoys more powers in matters where appeal is permissible). The highest court of appeal in the country is the Supreme Court and hence, it enjoys the most extensive discretionary and plenary powers in the cases of appeals. Its powers are largely governed by the provisions laid down in, Indian Constitution, and the Supreme Court (Enlargement of Criminal Appellate Jurisdiction), 1970.

As to the finality of the judgments and orders passed on appeal, The Code of Criminal Procedure, 1973 makes them final except in some cases. This shows how paramount importance is given to appeals.

In order to understand criminal appeal, it is important to first understand the hierarchy of criminal courts in India.

This diagram sums up the hierarchy in which criminal courts function and criminal appeals can be made only to that forum as provided in relevant provisions of BNSS, 2023. Under the Bharatiya Nyaya Sanhita (BNSS), criminal appeals are structured with a three-tiered system. Appeals from convictions in trials conducted by a High Court in its original criminal jurisdiction lie with the Supreme Court. Appeals from Sessions Court convictions (or other courts with sentences exceeding seven years) go to the High Court. Finally, appeals from Magistrate's courts (first or second class) are directed to the Sessions Court.

As Defined in Statute

Constitution

If the high court overturns an acquittal ruling and sentences the defendant to life in prison, 10 years in jail, or death, the defendant has the right to appeal to the Supreme Court. Article 134(1) of the Indian Constitution establishes the same law under the appellate jurisdiction of the Supreme Court, recognising the importance of a criminal appeal being brought to that court. In accordance with Article 134(2) of the Indian Constitution, the legislature also passed the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, which gives the Supreme Court the authority to hear appeals from the high court in certain cases. The relevant articles are as followed:

Article 134: The constitutional scheme makes it clear that there is no general right to appeal in criminal matters apart from those as laid down in Article 134(1)(a) and (b). Article 134(c) gives the power to the High Court to certify cases which can be appealed, which must involve a substantial question of law, and not merely application of facts or evidence.

Article 136: In cases which do not come under clause (a) and (b)of Article 134(1) or under the Act of 1970 or Section 379 of the Cr.P.C., and appeal does not lie as of right to the Supreme Court against any order of conviction by the igh Court unless a certificate is granted by the High Court under Article 134(1)(c) certifying that the case is fit for appeal or by way of Article 136 by way of a Special Leave Petition in cases where the certificate is refused by the High Court. There is no right of appeal in criminal cases which do not fall either under Article 134(1) or under the 1970 Act. Such cases fall under the discretionary jurisdiction of the Supreme Court under Article 136(1) of the Constitution of India.

BNSS

The legal provisions relating to criminal appeal are largely stated in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which contains provisions relating to the procedure of filing an appeal. Chapter 31 deals with appeals from Sections 413 to 435.  

Legal Provisions Related to Criminal Appeal

BNSS: Kinds of Appeal

Appeal in court of session

414 BNSS-In the event that a person has been ordered to offer security for the purpose of maintaining the peace or for good behaviour, an appeal against the order may be filed with the Court of Session. The corresponding section of CrPC is Section 373.

Appeal from convictions

• Section 415 BNSS is the relevant provision in this regard.
• High Court orders of conviction issued while exercising original criminal jurisdiction have the right to be appealed to the supreme court
• Conviction orders issued by the Court of Session or Additional Court of Session are appealable to the High Court
• If the Court of Session or the Additional Court of Session imposes a sentence of more than seven years in prison, the defendant may appeal the decision to the High Court.
• Appeals may be taken to the Court of Session from convictions handed down by the Metropolitan Magistrate, Judicial Magistrate I, or Judicial Magistrate II.
• The court of session hears appeals from anyone who is dissatisfied with the results of a criminal proceeding under Sections 325 and 360 of the CrPC.
• Section 374 CrPC is the corresponding provision. The words "a Metropolitan Magistrate or Assistant Sessions Judge” have been excluded from the BNSS provision.

Exception to Section 415 BNSS

The exceptions to section 415 of the BNSS are found in Sections 416  and 417 of the BNSS as given below:

• There is no right to appeal a conviction where the defendant has made a guilty plea and been found guilty on the basis of that plea.
• A person who has been found guilty and sentenced by a high court to a period of imprisonment of not more than six months or a fine of not more than one thousand rupees, or to both such imprisonment and fine, shall not be permitted to file an appeal against that sentence.
• A person who has been found guilty and sentenced by a court of the session or a metropolitan magistrate to a period of imprisonment of not more than three months or a fine of not more than two hundred rupees, or to both such imprisonment and fine, shall not be permitted to file an appeal against that sentence.
• A person who has been fined by a first-class magistrate of not more than one hundred rupees shall not be permitted to file an appeal against that sentence.
• Sections 375 and 376 CrPC are the corresponding provisions. The words "Metropolitan Magistrate" have been excluded from the BNSS provision. Imprisonment limit is also reduced from six months to three months.

State appeals

State government appeals:

Appeal against sentence

418 BNSS – The state government may appeal the sentence to the Court of Session or High Court on the grounds that it is inadequate pursuant to this clause, which may be done through the office of the public prosecutor.

If one disagrees with a magistrate’s sentencing decision, they have the right to file an appeal with the court of session. If a sentence is handed down by a lower court, an appeal could be filed with the high court.

Section 377 CrPC is the corresponding provision. The words "the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other" are excluded from the BNSS provision.

Appeal in case of acquittal

419 BNSS– If a magistrate issues an acquittal in a case involving a cognizable and non-bailable offence, the district magistrate may instruct the public prosecutor to appeal the decision to the court of session. If an acquittal is issued by a court other than the high court, the state can still ask for a review of the decision by filing an appeal with that court.

In the event that the high court grants special permission to make an appeal, the complaint may do so in the event that the case launched on the basis of the complaint is afterwards acquitted. A government employee who has been found not guilty may file a new application within six months after the acquittal.

An application may be filed within 60 days following the judgement of acquittal if the complainant is not a government employee. No appeal from a judgement of acquittal shall lie if such an appeal is dismissed. Section 378 CrPC

To know more visit: https://jdc-definitions.wikibase.wiki/wiki/Criminal_Leave_Petitions

Appeal against conviction by High Court in certain cases

420 BNSS-If a person’s acquittal by the high court is overturned and he is subsequently convicted and sentenced to death, life in prison, or a term of imprisonment of 10 years or more, the accused may appeal to the Supreme Court. Section 379 CrPC is the corresponding provision.

Special right of appeal in certain cases

421 BNSS–If a co-defendant has received an appealable sentence, then the other defendant has the right to appeal his own non-appealable punishment under this provision. Section 380 CrPC  is the corresponding provision. The word "contained" has been excluded from the BNSS provision.

The other key sections governing the concept of appeals under Bharatiya Nagarik Suraksha Sanhita, 2023 are as follows:

1. Right to Appeal:

The relevant provision is Section 413 BNSS or 372 CrPC. Section 413 of BNSS says that no appeal shall lie from any judgment or order of a Criminal Court except as provided for by the BNSS or any other prevailing law.

However, inherent right of appeal is granted to victims against orders acquitting the accused, convicting for a lesser offense, or imposing inadequate compensation.

2. Restrictions on Appeals

The relevant provision is Section 417 BNSS or 376 CrPC. Petty misdemeanours shall not be subjected to appeal. The procedures for handling petty matters vary by jurisdiction. The following are examples of minor offences:

• In the instance of the High Court, the possible penalties include either imprisonment for up to 6 months or a fine of up to Rs. 1000, or both.
• Up to three months in jail time, a Rs. 200 fine, or both if found guilty in court of session.
• Up to 3 months in jail, or a fine of Rs. 200, whichever is greater, if prosecuted by a metropolitan magistrate.
• There is a Rs. 100 fine if you are caught breaking a law in front of a judicial magistrate.
• Up to Rs. 200 in the instance of a Magistrate authorised under section 260 of the CrPC.

3. Appeal Procedure :

The relevant provision is Section 423 BNSS or 382 CrPC. Section 423 of BNSS details the procedure for filing an appeal, emphasizing the importance of a written petition accompanied by a copy of the judgment or order being appealed against.

4. Suspension of Sentence and Bail :

The relevant provision is Section 430 BNSS or 389 CrPC. Section 430 of BNSS provides provision for the suspension of the execution of a sentence pending appeal. It also grants the Appellate Court the authority to release the appellant on bail, ensuring that individuals are not unduly subjected to incarceration during the appeal process.

5. Finality of Appellate Judgments :

The relevant provision is Section 434 BNSS or 393 CrPC. Section 434 of BNSS emphasizes the finality of judgments and orders passed by Appellate Courts, instilling legal certainty in the system.

6. Abatement of Appeals on Death :

The relevant provision is Section 435 BNSS or 394 CrPC. Section 435 of BNSS introduces the concept of abatement, concluding appeals upon the death of the accused or appellant. However, recognizing the gravity of certain cases, it allows near relatives to seek leave to continue the appeal.

Other Statutes

PMLA

The Prevention of Money Laundering Act, 2002 (PMLA) forms the core of the legal framework put in place by India to combat money laundering.

The PMLA and rules notified thereunder impose obligation on banking companies, financial institutions, and intermediaries and persons carrying on a designated business or profession, to verify identity of clients, maintain records and furnish information to FIU-IND. PMLA is an act to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected therewith or incidental thereto.

Appeal under PMLA: The PMLA Appellate Tribunal, was established under Section 25 of the PMLA, for appeals against decisions made by the Adjudicating Authority and other authorities under the Act. However, this section is replaced with a new section 25 by the Finance Act 2016, providing that the Appellate Tribunal constituted under the SAFEMA shall be the appellate tribunal for hearing appeals. To read more about SAFEMA click here. Section 26 of the PMLA allows for appeals against orders passed by the Adjudicating Authority under the Act to the Appellate Tribunal. This section provides a mechanism for challenging decisions made by the Adjudicating Authority to a higher body within the PMLA framework.

Section 42 of the PMLA deals with appeals to the High Court. It specifies that any person aggrieved by an order of the Appellate Tribunal can appeal to the relevant High Court. This section provides the next level of appeal, allowing for judicial review of the Appellate Tribunal's decision. In essence, these sections outline a two-tiered appellate process within the PMLA: first, from the Adjudicating Authority to the Appellate Tribunal (Section 26), and then from the Appellate Tribunal to the High Court (Section 42). In order to provide for rules for the purpose of appeal under the said Act the central government has made THE PREVENTION OF MONEY-LAUNDERING .(APPEAL) RULES, 2005. At the time of filing, every appeal shall be accompanied with an amount of fee payable for Rs.5,000 where the amount of fine imposed under Rs.5,000 sub-section (2) of section 13 of the Act is more than Rs. 50,000. The words "and upto Rs. 1 lakh" omitted by G.S.R. 1116(E), dated 6th December, 2016 (w.e.f. 6-12-2016).

JJ Act

An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto.

Appeal under JJ Act: Section 101 provides the legal framework for appeals against decisions made by Juvenile Justice Boards, Child Welfare Committees, the Children’s Court, and District Magistrates under the Juvenile Justice Act.

• Appeals can be filed within 30 days of the order.
• The primary appellate authority is the Children’s Court, except for certain decisions where the appeal lies with the District Magistrate or Divisional Commissioner.
• No appeal is allowed from an acquittal of a child over 16 unless the offence is heinous.
• No second appeal is allowed beyond the Court of Session.
• Appeals from the Children’s Court go to the High Court.
• Adoption orders passed by a District Magistrate can be appealed before the Divisional Commissioner.

UAPA

The Unlawful Activities (Prevention) Act is an Indian law aimed at the prevention of unlawful activities associations in India. Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India. The most recent amendment of the law, the Unlawful Activities (Prevention) Amendment Act, 2019 (UAPA 2019) has made it possible for the Union Government to designate individuals as terrorists without following any formal judicial process. UAPA is also known as the "Anti-terror law".

Appeal under UAPA: Section 28 of the Unlawful Activities (Prevention) Act (UAPA) outlines the right to appeal against forfeiture orders. Specifically, it allows individuals aggrieved by a forfeiture order issued under Section 26 to appeal to the High Court within one month of receiving the order. The High Court with jurisdiction over the court that issued the original order is the appropriate appellate court. If the High Court modifies or annuls the forfeiture order, or if the person against whom the order was made is acquitted in a related prosecution, the forfeited property must be returned. If return isn't possible, the person is entitled to the property's price, with interest.

An order passed by a Sessions Court denying bail to an accused under the Unlawful Activities(Prevention) Act 1967 (UAPA) can be challenged only by way of an appeal under Section 21 of the National Investigation Agency (NIA) Act, 2008.

NDPS

The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits the production/manufacturing/cultivation, possession, sale, purchase, transport, storage, and/or consumption of any narcotic drug or psychotropic substance.

Appeal under NDPS: Under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, provisions for appeals are primarily found in Section 68-O. This section deals with appeals against orders passed by the Competent Authority under Chapter VA of the Act, specifically related to the forfeiture of property. The Appellate Tribunal is the designated body for these appeals.

Criminal Appeal as Defined in International Instruments

• Criminal Appeal under ICCPR: Anyone convicted of a crime has the right to have their conviction and sentence reviewed by a higher tribunal, i.e. the right to appeal, whereby the modalities and which court is responsible for such review should be determined by the law. There is a violation of ICCPR article 14 §5, if: The decision by the court of first instance is final; A conviction imposed by an appeal court or a court of final instance, following acquittal by a lower court, according to domestic law, cannot be reviewed by a higher court; or the highest court of a country acts as the first and only instance (unless a reservation is made by the State party in this effect).

• Criminal Appeal under European Convention on Human Rights: Article 2 of Protocol No. 7 to the Convention states, “ Everyone convicted of a criminal offence by a tribunal shall have the right to have his conviction or sentence reviewed by a higher tribunal. The exercise of this right, including the grounds on which it may be exercised, shall be governed by law.”
• Criminal Appeal under American Convention on Human Rights: The American Convention on Human Rights (ACHR) recognizes the right to appeal, specifically through Article 8, paragraph 2(h), which guarantees the right to appeal a judgment to a higher court. This right is a crucial component of the broader right to a fair trial, ensuring individuals have the opportunity to have their case reviewed by a higher tribunal.

Criminal Appeal under ICC

• Rome Statute of the International Criminal Court: The Rome Statute of the International Criminal Court is the international treaty that founded the Court. Adopted at the Rome Conference on 17 July 1998, it entered into force on 1 July 2002, thereby creating the International Criminal Court. The Statute sets out the Court's jurisdiction over genocide, crimes against humanity, war crimes and – as of an amendment in 2010 – the crime of aggression. The Rome Statute of the International Criminal Court (ICC), outlines appeal procedures for its decisions.
• Rules of Procedure and Evidence of ICC: The Rules of Procedure and Evidence are an instrument for the application of the Rome Statute. Subordinate to the Statute, they provide for the composition and administration of the Court, setting out rules governing jurisdiction and admissibility, stages of proceedings and trial procedure, investigation and prosecution, penalties, appeal and revision, offences and misconduct against the Court, compensation, international cooperation and judicial assistance, and enforcement.

Criminal Appeal as Defined in Official Government Reports

Forty-First Law Commission Report

The first Law Commission of India submitted its 14th report titled ‘Reforms of Judicial Administration’ in 1958 both civil and criminal. A comprehensive report for the revision Code of Criminal Procedure, namely the 41st report titled ‘The Code of Criminal Procedure, 1898’ was submitted in 1969. This report took into consideration the recommendations made in the earlier reports of the Commission dealing with specific matters, namely, the 14th, 25th, 32nd, 33rd 36th, 37th, and 40th reports. Accordingly, all the reports resulted in the enactment of the new Code of Criminal Procedure 1973. It also deals with the concept of criminal appeal. Refer to page no. 265 here.

While it addressed various aspects of criminal procedure, including committal proceedings, it also recommended amendments to the Code related to criminal appeals. Specifically, it found a proposed amendment to Section 394 of the Code "eminently sound" and recommended its adoption with modifications. This amendment is related to appeals against convictions by the High Court in certain cases, particularly those involving death sentences, life imprisonment, or imprisonment for ten years or more.

Criminal Appeal as Defined in Official Documents

Conference Proceedings of National Initiative to Reduce Pendency and Delay in Judicial System

A conference to reduce pendency and delay in the Indian judicial system involves various strategies. Key areas of focus include increasing the number of judges, improving infrastructure, and leveraging technology to streamline processes. The conference  also emphasizes the role of alternative dispute resolution mechanisms and the importance of timely appointments and manpower for the judiciary. Making Saturday working for criminal appeals was another big step that the Chief Justice of India advocated.

National Conference on Addressing Issues Faced by the State Judiciary

This conference discussed Ushering Uniformity in Case Categorization. Justice P.S. Narasimha, in his address,  spoke extensively about the Report of the Case Categorization Advisory Committee. Categorization of cases filed in the Supreme Court of India serves multiple purposes, such as tracking case data for analysis, decision-making, identifying cases requiring specific Court Fees and working out uniformity in listing similar cases before the same Bench.  The current subject category framework is outdated, with overlapping and unused categories, making it difficult to accurately identify case types. Implementing a uniform case categorization system would aid in developing of a national policy for the efficient disposal of cases.

UK Law Commission Consultation Paper

The Law Commission will conduct a review of the law governing appeals in criminal cases and consider the need for reform with a view to ensuring that the courts have powers that enable the effective, efficient and appropriate resolution of appeals. The review will be particularly concerned with inconsistencies, uncertainties and gaps in the law.

UK Law Commission Issue Paper

The Law Commission is reviewing the law governing criminal appeals in England and Wales to ensure the system corrects miscarriages of justice while balancing fairness, efficiency, and finality. Appeals serve multiple purposes: safeguarding against wrongful convictions, correcting legal errors, ensuring consistency in the law, and maintaining public confidence in the justice system. A key tension exists between achieving justice—convicting the guilty and acquitting the innocent—and the principle of finality, which limits reopening cases. The paper examines tests like the “safety” test for appeals against conviction, the “real possibility” test for referrals by the Criminal Cases Review Commission (CCRC), and the “substantial injustice” test for appeals based on changes in law. Concerns have been raised about whether these tests are too restrictive, potentially preventing the correction of wrongful convictions. It considers appeals from magistrates’ courts, appeals on indictment, prosecution and third-party appeals, and retention of evidence post-conviction. The CCRC’s role is scrutinized, with debate over whether its referral test should be more flexible and less predictive of how the Court of Appeal might rule. Issues around jury trials, unreasoned verdicts, and the difficulty of challenging them on appeal are also discussed, alongside international human rights obligations. The paper highlights case studies (e.g., Andrew Malkinson, Barri White) that exposed systemic weaknesses in correcting miscarriages of justice. It invites evidence and views from stakeholders on whether reforms are necessary and, if so, what changes would improve the fairness and effectiveness of the criminal appeals system.

Criminal Appeal as Defined in Case Laws

Timely access to court judgments for those wishing to appeal

M.H. Haskot v. State of Maharashtra

In this case the Supreme Court opined that if a criminal conviction is ‘fraught with loss of liberty’ then the aggrieved party has a basic right of appeal. The court also observed that the procedure of appeal under the Criminal Procedure Code reflects the values of fair procedure, natural justice and normative universality and is thus manifested in Article 21 of the Constitution.

Appeal against a conviction or sentence in a criminal case

R.Reddy & Ors. v. State of Andhra Pradesh

The Supreme Court stated that in a criminal appeal the Hon’ble Supreme Court should not interfere in the facts of the case unless a re-appraisal of evidence due to a basic error was required. This was because unlike the appellate court, the trial court had the opportunity of examining the witness.

What amount of compensation can be directed by court to be deposited in court prior to hearing of appeal against conviction in dishonour of cheque

Dilip S. Dahanukar v. Kotak Mahindra Co. Ltd. and Anr. (2006)

An individual convicted of an offense possesses an inherent right to pursue an appeal as outlined in Section 374 of the Code. Considering the expansive scope of Article 21, which encompasses fundamental freedoms, the ability to appeal a conviction affecting one's liberty remains a fundamental entitlement. Consequently, the right to appeal cannot be restricted or contingent upon any conditions. Article 21 of the Indian Constitution and Section 374 of the Criminal Procedure Code unequivocally guarantee the right to appeal.

Appeal against an order of acquittal

Ram Darshan Shahi V. State

The court stated that an interference by the appellate court is only credible when the trial court’s judgement is manifestly erroneous such as to shock one’s sense of justice. The court opined that if there are two conclusions both of which are supported by evidence the acquittal cannot be overturned.

Whether a victim or their relative could appeal an acquittal without seeking prior leave of the High Court

Satya Pal Singh v. State of Madhya Pradesh (2015)

The Supreme Court of India ruled that a victim’s next of kin has standing to appeal a conviction to a higher court under the provisions of Section 372, provided that the deceased victim’s father meets the definition of a victim. The victim needs the permission of the high court to initiate an appeal against a decision of acquittal.

Nomenclature of various criminal appeals

Supreme Court

The Supreme Court entertains various categories of criminal appeals under specific codes. These include appeals under special statutes, such as Section 2 of the Supreme Court Enlargement of Jurisdiction Act, Section 10 of the Special Courts Act dealing with securities-related offences, and Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. It also hears criminal appeals challenging orders passed by different tribunals. Matters involving the most serious punishments, such as capital punishment and life imprisonment, fall within its purview. Additionally, the Court handles appeals filed by the State or private complainants against acquittals granted by lower courts. Overall, these categories ensure the Supreme Court’s appellate jurisdiction covers serious criminal cases, special laws, and exceptional sentences.

Category Code	Category	Sub Category
1420	Criminal Matters	Appeal under Section 2 of the Supreme Court enlargement of jurisdiction Act
1424	Criminal Matters	Appeals u/s 10 of the Special Courts (Trial of Offences relating to transactions in Securities) Act, 1992.
1425	Criminal Matters	Appeals u/s 19 of the Terrorist and Disruptive Activities Act, 1987
1435	Criminal Matters	Criminal appeals filed against the orders of various Tribunals
1401	Criminal Matters	Matters relating to capital punishment
1426	Criminal Matters	Matters filed by State against Acquittal
1427	Criminal Matters	Matters filed by complainant against Acquittal
1439	Criminal Matters	Criminal matters in which sentence awarded is life imprisonment

Bombay High Court

In the Bombay High Court, criminal appeal matters are categorized based on the nature of the application. ALP refers to an application for leave to appeal by a private party, while ALS denotes an application for leave to appeal filed by the State. APPA is a criminal application connected with an appeal, and APEAL represents a standard criminal appeal. These categories help distinguish between private and state-initiated appeals and related applications.

Calcutta High Court

In the Calcutta High Court, criminal appeals are categorized as CRA for general criminal appeals, CRA(DB) for appeals involving sentences exceeding seven years, and CRA(SB) for those with sentences up to seven years, while CRMSPL covers criminal miscellaneous special leave petitions

Allahabad High Court

In the Allahabad High Court, categories include CRLA for regular criminal appeals, CRLAD for defective appeals, and section-specific codes like C372 or C378 (and their defective counterparts) for appeals under Sections 372 and 378 of the CrPC.

Punjab and Haryana High Court

In the Punjab & Haryana High Court, CRA denotes general criminal appeals, while more specific codes like CRA-AD and CRA-AS are for state or complainant appeals against acquittals before a division bench (DB) or single bench (SB). CRA-D and CRA-S distinguish appeals heard by DB or SB, while CRACP refers to criminal appeal contempt petitions.

International experience

Deviations from Indian Practice

In inquisitorial systems, the defense, prosecution, victim, and civil party all have a right of appeal. The prosecution’s right to appeal an acquittal is considered an opportunity to correct factual errors. Most jurisdictions allow for multiple appeals. The initial review is de novo, which is essentially a new trial, and not considered double jeopardy. In some countries, the appellate panel makes factual findings based on the record and can also request new evidence and witness testimony. Mexico permits multiple interlocutory appeals, including on the issuance of warrants and, if the defendant is out on bail, any trial order. In Russia, even a jury verdict of not guilty can be reversed on appeal and the case retried; if the prosecution or defense discovers new evidence—at any stage of a proceeding and post conviction—it can petition the court for review.

In many civil-law countries, the court of cassation is the highest court of appeals and its role is to harmonize case law and legal texts. In France, the Cour de Cassation reviews criminal (and civil) cases that present legal issues in need of clarification. Egypt’s court of cassation can reverse judgments unsupported by the evidence.

A Comparative Analysis Of The Right To Appeal

This article applies a comparative lens to the modern right to appeal against conviction and sentence.5 It argues first that, despite very different historical foundations and institutional structures, there has been considerable convergence in how criminal appeals are conceptualized in common law and European civil law jurisdictions. A number of explanations for this convergence are apparent, including the emergence of modern human rights law, changes in trial processes, and technological advances.

Criminal Appeal Standards

Here is the complete "black letter" standards, which were approved by the American Bar Association's House of Delegates in August 1978. The standards are published along with commentary as Chapter 21 in ABA Standards for Criminal Justice, Second Edition,© 1980 by the American Bar Association. A 1986 supplement contains updated commentary.

Criminal convictions should always allow appellate review, though the decision to appeal rests with the defendant. The first level of appeal safeguards against legal errors, ensures verdicts are evidence-based, and maintains consistency in criminal law, while higher-level appeals focus on refining legal doctrines and ensuring uniform application. Defendants may appeal any final judgment, including those after guilty pleas, probation, or suspended sentences, and in limited cases may seek interlocutory appeals for critical rights like double jeopardy or jurisdiction issues. The prosecution may also appeal dismissals on legal grounds, key pretrial rulings, or intermediate appellate decisions favoring defendants, but defendants should generally remain free during such appeals unless they pose risks. Appeals must be filed within a fixed period, with trial courts informing defendants of their rights and trial counsel continuing representation until the appeal decision. Systems must avoid improper inducements or deterrents, such as lack of legal aid or fear of harsher resentencing. Appellate courts should supervise case preparation, ensure access to counsel at all levels, use technology to streamline records, and adopt flexible procedures to expedite appeals while preserving fairness.

Law Commission UK on Criminal Appeal

The Law Commission is consulting on reforms to the law governing criminal appeals, including the tests applied by appeal courts and the Criminal Cases Review Commission, post-trial retention of and access to evidence, and compensation and support for the wrongly convicted.

Appearance of Criminal Appeal in Databases

NJDG

The National Judicial Data Grid (NJDG) is a flagship project under the e-Courts Mission Mode Project, serving as a comprehensive online repository for case-related information from High Courts and District/Taluka Courts in India. It provides a centralized platform for accessing and analyzing data on pending and disposed of cases, contributing to efficient case management and monitoring.

The NJDG data on pending criminal appeals in Supreme Courts, High Courts, and District Courts is provided below:

District Court:

High Court:

Supreme Court:

Research that engages with the Criminal Appeal

Changing Contours of Appeal under Criminal Law

Authored by Parul Sarvar this paper is published in Journal of Advances and Scholarly Researches in Allied Education. The present study indicates that the court of appeal exercises an important role in upholding high judicial standards including judicial discipline in courts. The study reveals that Appellate Courts power in judging judicial conduct and in securing high standards of judicial conduct and in securing high standards of judicial behaviour in court is manifold. The study reveals, that in India, delay in disposal of Criminal Appeals has become a great problem. It has been observed that delay and uncertainty in application of Criminal procedure render even best penal laws useless and oppressive

Judicial Efficiency and Causes for Delay (State of Indian Judiciary) (DAKSH)

Authored by Alok Prasanna Kumar this paper is published in State of the Indian Judiciary, A Report, by DAKSH. This paper discusses causes of inefficiency in criminal appeals a few of them being no fixed timelines for appeal hearings, frequent adjournments, poor case management, heavy appellate caseload, incomplete trial records, etc. Possible solutions for criminal appeals is also discussed utilizing strict case management hearings, set defined timelines for each appeal stage, limit adjournments, impose costs or sanctions for unnecessary delays by parties, increase appellate capacity, encourage plea bargaining & ADR-like mechanisms, digitise trial records, etc.