Criminal appeal
Criminal Appeal
Appeal is the process through which a superior court reconsiders or reviews the decision of the lower court on the basis of a complaint made to the higher court.[1] In Appeal, the aggrieved party pleads before the higher court to reverse the judgement of the lower court on grounds of error or injustice committed by the lower court.[2]
In a criminal appeal, the appellant appeals under the criminal justice system. In the Indian judicial system such a right is not inherent but rather restricted in terms that it can neither be assumed or presumed.
Types of Appeals and Who Can Appeal
Convicted Persons
Any person convicted by a Criminal Court or a High Court in its original jurisdiction can appeal.
Rejected Applicants
Those whose applications under Section 85 of the Criminal Procedure Code, 1973 which have been rejected.
Ordered Individuals
Individuals ordered to provide security under Section 117 Criminal Procedure Code, 1973 whose surety has been rejected under Section 121 Criminal Procedure Code, 1973 or ordered to pay compensation under Section 250 Criminal Procedure Code, 1973.
Complainants and Informants
Those whose applications to file complaints have been rejected or have been made subject to complaints under Section 341 Criminal Procedure Code, 1973.
Public Prosecutors and Private Complainants
Public Prosecutors, on government direction, or private complainants with special leave, can appeal acquittals. Public Prosecutors can also appeal sentences deemed inadequate.
Aggrieved Persons
Those aggrieved by orders under Sections 452 or 453 Criminal Procedure Code, 1973.
Evolution of the Appellate System
Federal Court
Section 411A, introduced by the Amendment Act 26 of 1943, redirected appeals from the High Court to the Federal Court, replacing the Privy Council's jurisdiction. The Federal Court handled appeals with the same authority as the Privy Council.
Supreme Court
Following the establishment of the Supreme Court under Article 124 of the Constitution of India, it became the highest appellate tribunal, similar to the House of Lords in England. Articles 132 to 136 of the Constitution detail the conditions for filing criminal appeals to the Supreme Court, including cases certified by the High Court as fit for appeal.
Criminal Appeal in High Court
Appeals from judgements and orders passed by magistrate lies before the High Court, if the magistrate court passes a sentence where imprisonment exceeds four years. An appeal can be made before the Division Bench of the High Court from orders passed by the High Court itself in exercise of its ordinary criminal jurisdiction.
Types of Appeals in the Supreme Court
The Constitution of India provides the provisions for preferring an appeal before the Hon’ble Supreme Court of India.
Appeal from Civil Cases
Article 133 of the Constitution of India provides for the Appellate jurisdiction of the Supreme Court in civil matters from the High Court. An appeal can be referred from any judgement, decree or final order of a civil matter in the High Court if the High Court certifies under Article 134A of the Constitution that the case involves a substantial question of law which is required to be decided by the Supreme Court.
Appeal from Criminal Cases
Article 134 of the Constitution of India provides for appeal from the criminal matters of the High Court. Under this Article, an appeal from any judgement, decree or final order of criminal proceeding can be referred to the Supreme Court if the High Court has reversed an appeal and sentenced the accused to death or if the High Court has withdrawn any case from the subordinate court and sentenced the accused to death or the High Court has certified under Article 134A of the Constitution that the case is fit for appeal.
Appeal from the High Court for the interpretation of a Substantial Question of law
Article 132 of the Constitution provides that the appellate power of the Supreme Court can be invoked if the case ‘involves a substantial question of law as to the interpretation of this Constitution.’ The Articles allows an appeal to be preferred form any judgement, decree or final order of the High Court in a civil, criminal or other proceeding if the case involves a substantial question relating to the interpretation of the Constitution.
Special Leave Petition
Apart from the provisions mentioned above, the Constitution of India also grants a ‘special leave to appeal’ before the Supreme Court from any judgement, decree, termination, sentence or order. However, unlike the other provisions such an appeal need not lie from the judgement, decree or final order from a High Court but may lie in ‘any cause or matter’ passed by any court or tribunal within the territory of India. There are no specific guidelines as to category of cases that can be admitted by the Supreme Court under this Article. Rather, the Hon’ble Court exercises its discretion in granting a special leave to file an appeal.
Case Laws
M.H. Haskot v. State of Maharashtra[3]
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.
R. Reddy & Ors. v. State of Andhra Pradesh[4]
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.
Ram Darshan Shahi V. State[5]
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.
Appearance in Official Databases
The Official Website of the Supreme Court
The Supreme Court website showcases the option of ‘Criminal Appeal’ in the type of cases under Case Status.
The Website of the High Court
The official website of the High Court also features the case type ‘criminal appeal’ in the type of cases.
National Judicial Data Grid
The National Judicial Data Grid also showcases the number of criminal appeals pending before the Supreme Court which currently stands at 6139 cases.
