unjab.

0. 21. Discuss the provisions relating to "Appeal' under

the Bhartiya Nagarik Suraksha Sanhita, 2023.
Ans. 'Appcal' is an inmportant renmedy for persons aggrieved
by the decision, finding or order ofthe trialcourt. Provisions regarding
appeal have been made in sections 413 to 435 of the Indian Civil Defence
Code, 2023. First of all, it is nccessary to know that an appeal against
any order or decision of thecourt can be made ony under the provisions
of this Code, and not otherwise.(Section 413)
"Provided that the victim shallhave the right to appealagainst
an order passed by the Court acquitting the accused, or convicting him
for a lesser offence, or imposing adequate compensation, and such appeal
shall lie to the Court to which. an appeal is ordinarily made against an
order of conviction of such Court."
Following are the important provisions relating to appeal:
(1) Appeal against order refusing security: Under Section
414 of the Code, any person:
(i) who has been ordered under Section 136 to give security
for keeping the peace or for good behaviour; or
(ü) who is aggrieved by an order refusing or rejecting aa
security under Section 140;
may appeal against such order to the Court of Session:
Provided that nothing in this section shall apply to persons against
whom proceedings have been instituted before a Sessions Judge under
the provisions of sub-section (2) or sub-section (4) of Section l141.
(2) Appeal against conviction-Section 415 of the Code
provides.for an appeal against conviction. According to this
(a) A person convicted in a trial conducted by the High Court
in the exercise of extraordinary original criminal jurisdiction
can appeal to the Supreme Court.
(b) A personconvicted in a trialconducted by a Sessions Court.
Additional Sessions Court or any other Court can appeal
Bhartiya Nagarik: Suraksha Sanhita 2023 89
to the High Court, if the sentence
passed is for
imprisonment for aterm exceeding seven years.
(c) Any person,
in) convicted in a trial by a
Magistrate of the first class or a
Magistrateof the second class: or
(b) sentenced under Section 364. or
i in respect of whom an
order or sentence has been passed
by a Magistrate under Section 401.,
may appealto the Court of Session.
Thus, provision for appeal has been made
ordinary cases of conviction.
under Section 415 in
In appeals, there has generally
tence or to release the accused been a tendency to reduce the
on the sentence already
in the case of State of served. But
Rajasthan vs. Dhul Singh (AIR 2004 SC
1264), the Supreme Court has said that the
centence of the accused or releasing him tendency of reducing the
by the court without using its on the sentence already served
discretion is not appropriate. While doing
so, the nature, gravity etc. of the
case should be kept in mind.
(3) Appeal against sentence
by State
Section 418ofthe Code it has
been provided
Government.-Under
that if the sentence passed
by any court other than the
the State Government, then High Court is inadequate in the opinion
the State Government may of
Prosecutor to appeal against such order to direct the Public
On the ground of the High Court.
inadequacy of
the order of the
Magistrate may lie to thesentence, now an appeal against
Court of Session and against
the order of any other court,
an appeal may lie to the
case of sentence relates to High Court. If the
an investigation
Special Police Establishment or conducted by the Dellhi
by any other
aCentral Act, then in
such cases the Public agency empowered under
by the Central Government Prosecutor may be direcfed
to appeal against
In the case of 'Sahab Singh vs inadequate sentence.
SC 1188) it State ofHaryana' (AIR 1990,
has been held by the
Supreme Court that- if the appeal
dgainst conviction is made by the accused,
be increased. then his punishment cannot
The punishment can be increased only when the
government appeals for increasing the amount of
punishment.
 Babel
90
acquittal According to section 419 of
(4) Appeal in case of may direct the Public Prosecutor to
Government
the Code, the State
acquittal passed by any court other than the
appeal against the order
of
be given in appeal or revision.
order may
High Court. Such acquittal relates to an
investigation
Similarly, if the case of agenc
Police Establishmentor any other
Special
conducted by the Delhi such cases the Public
Prosecutor
Central Act, then in
empowered under a against the order
Central Government to appeal
mav be directed by the
of acquittal. appeal.
Court will be necessary for such an
Leave of the High 1418)
Agarwal vs Anupam' (AIR 2004, SC
In the case of 'Reema the application for permission to
appeal
said that
the Supreme Court has be rejected without reason. The
reasons
should not
in acase of acquittal required to be recorded in writing.
application are
for rejecting the against the order of acquittal, car
While hearing the appeal subjected to miscarriage
of
ensure that no party is
should be taken to State of Gujarat, AIR 2002, SC
Mansuri vs
justice. (Allarakha K.
carefully
1051)
reversing the order of acquittal, it is required to
Before ofacquittal and take the
correct
at the grounds
consider the record, look Rao vs State of Maharashtra,
evidence. (Punjab
meaning of the
AIR 2002, SC 486) set aside merely on the
should not be
The order of acquittal adopted in the ca_e i.e. the
could have been
ground that another view convicted. by adopting another view.
accused could have been 2002, SC 3469) In the case
State of Gujarat, AIR
(Chandrasingh vs
Surendra' (AIR 2007 SC 23
12), the Supreme
of 'State of Haryana vs with
appeal against acquittal should be interfered
Court has held that an substantial circumstances exist.
only when such compelling and
Pradesh
of Sadhu Saran Singh vs State of Uttar
In the case
Supreme Court has laid down that
an appeal
(AIR 2016 SC 1160), the
acquittal should be interfered with only if the order
against an order of
of acquittal is erroneous, unlawful and perverse. the Hig
(5) Appeal against the order of conviction of
Bhartiya Nagarik Suraksha Sanhita 2023 91

(ourt-According to Section 420 of the Code-Wherc the order of

quittalofan. accused person bythe High Court iis reversed on appeal
and he is convicted and sentenced to death or life imprisonment or
for aterm of ten years or more, an appeal against such
i n p r i s o n m e n t

may be made
to the Supreme Court.
onder
(6) Specialright of appeal-According to Section 42 lof the
Code, when more than one person is convicted in one trial and an
apealablejudgmenttor order is passed in respect of any of such persons,
then allthe persons convicted in such trial or any ofthem shall have the
right to appeal.
(7) Cases in which no appeal lies--Sections 416 and 417 of
the Code specify the cases in which no appeal lies. Such cases are as
tollows
(0) When the accused pleads guilty--Section 416 of the Code
provides that where an accused person is convicted on
his statement of guilt, then
(a) ifthe conviction is by the High Court, no appeal shall
lie against it; or
(b) if the conviction is by a Court of Session, or by a
Magistrate of the first or second class, the appeal
shall lie as to the quantum ofpunishment or its validity,
and not otherwise.
The same has been held by the Allahabad High Court in
case of 'State vs. Mangala" (AIR 1957, Allahabad 753). the
(ti) No appeal in petty cases-Under section 417 of the
Code, no appeal lies in petty cases, that is to say,
against
the following orders
(a) where the High Court passes a
sentence of
imprisonment for aterm not exceeding three months
only or of fine not exceeding one thousand rupees or
ofboth such imprisonment and fine;
(b) where a Court of Session passes a sentence
of
imprisonment for aterm not exceeding three months
only or of fine not exceeding two hundred rupees or
ofboth such imprisonínent and fine;
Bhartiya Nagarik Suraksha Sanhita 2023 91

Court-According to Section 420 of the Code-Where the order of

cquittalofan accused person by the High Court is reversed on appeal
and he is convicted and sentenced to death or life imprisonment or
imprisonmentfor aterm of ten years or more, an appeal against such
order may be made tothe Supreme Court.
(6) Special right of appeal-According to Section 42| of the
Code, when mOre than one person is convicted in one trial and an
appealablejudgmenttor order is passed in respect of any of such persons,
hen al the persons convicted in such trial or any of them shall have the
right to appeal.
(7) Cases in which no appeal lies-Sections 416 and 417 of
the Code specify the cases in which no appeal lies. Such cases are as
follows
() When the accused pleads guilty Section 416 of the Code
provides that where an accused person is convicted on
his statement of guilt, then
(a) ifthe conviction is by the High Court, no appeal
shall
lie against it; or
(b) if the conviction is by a Court of Session, or
by a
Magistrate of the first or second class, the appeal
shall lie as to the quantum of punishmentor its validity,
and not otherwise.
The same has been held by the Allahabad High
case of 'State vs. Mangala' (AIR 1957, Allahabad Court in the
753).
(i) No appeal in petty cases--Under section 417 of
the
Code, no appeal lies in petty cases, that is to say,
the following orders against
(a) where the High Court passes a
sentence of
imprisonment for a term not exceeding three months
only or of fine not exceeding one thousandrupees or
of both such imprisonment and fine;
(b) where a Court of Session passes a
sentence of
imprisonment for a term not exceeding three months
only or of finenot exceeding two hundred rupees or
of both such imprisonment and fine;
92 Babel
() nhere a Magistrate of the first class passes a
sentence of fine not excecdng one hundred ruDees
only: or
(d) where in a casc tried summarily, a Magistrate
empowered to act under section 283 passes a
sentence of fine not exceeding two hundred rupees
only:
clubbed with any other
Provided that if anysuch sentence is
against such sentence but it
punishment, an appeal may be preferred
shallnot become appealable merely on
the ground that
(i) Minor
security for keepino
() the convicted person is ordered to give
the peace; or
payment of fine
(i) adirection of imprisonment in default of
is included in the sentence; or
fine has been passed in the
(11) more than one sentence of
fines imposed does not
case, if the total amount of the
respect of
exceed the amount hereinbefore specified in
the case.
of the Code provides
(8) Abatement of appeals--Section 435
for abatement of appeals. According to this
Every appeal under section 418 or 419 shall finally abate
(a)
on thedeath of the accused.
except an appeal from a
(b) Every appeal under this Chapter,
abate on the deáth of the
sentence of fine, shall finally
appellant.
conviction and sentence of
But where the appeal is against a
or imprisonment and the appellant dies during the pendency of
death
may, within thirty days of the death
the appeal, any of his near relatives to continue the
of the appellant, apply to the Appellate Court for leave
shall not abate.
appeal and if leave is granted, the appeal
without any reason, it
Iftheapplication is made after ten years State of
Kameswara Rao vs.
shall be liable to be dismissed. (S..
Andhra Pradesh,AIR 1991, SC 2085)
Nhartiyn NagarikSuraksha Sunhitun 2023 93

() Procedure of AppealThe procedure of appeal bas also

mentionedinthe Code. According to this-
shall
(a) Every appeal Ibe presented in writing bythe appcllant
himself or by his pleader and a copy of the
arder against which the appeal has becn adedccision or
shall be
attached with it. (Section 423)
h) Ifthe appellant is In jail, then the appeal can be
through the officer in charge of the jail. (Sectionpresentcd
424)
aIf on examining the appeal and the copy of the
judgment
instituted under section 423 or 424, the Appellate
of the view that there is no sufficient Court is
ground to
with it, it may summarily dismiss such appeal. interfere
(Section
425)
(d) Where such appeal is not dismissed, the appellant or
his
pleader under section 426, the officer appointed by the
State Government, the complainant in a case
instituted on
complaint and the accused in an appeal made under section
418 or 419 shall be heard. Also, the record
of the case
shall be called for. (Section 426)
(e) The execution of the sentence shallbe
suspended till the
appeal is pending and the appellant, ifhe is in confinement,
may be released on bail. (Section 430)
But if the case is for death sentence, life
imprisonment or
a sentence of more than ten years, the Public
Prosecutor
shallbe heard before releasing him on bailor on bond.
() In an appeal against acquittal, a warrant may be issued
for the arrest of the accused. (Section 431)
(g) In an appeal, the Appellate Court may take additional
evidence or direct that additional evidence be taken.
(Section 432)
(h) Where the judges ofthe Appellate Court are equally divided
as to the opinion of the Court, the appeal shall be laid
before another Judge of the same Court with their opinions
and such Judge shallgive his upinion and the judgment or
94
Babel)
ondershall be in accordance with such opinion. (Section

(10) Powers of the Appellate Court--Scction 427 of the

Code mentions the powers of the Appellate Court.
(i)Where anappeal ispreferred againstan order of acquital
the Appellate Court may
(a) dismiss the appeal:;
(b)reverse theorder of acquittal;
(c) onder further investigation:
(d)order commitment for trial, or
(e)convict and sentence.
conviction, the
(ii)Similarly, ifthe appeal is against an order of
Appellate Court may
discharge
(a) reverse the finding and sentence and acquit or
the accused;
(b) order a retrial;
finding;
(c) uphold the sentence and change the
or without
(d) change the nature or amount of punishment with
changing the finding.
(i))On an appeal for enhancement of sentence, the Appellate
Court may
discharge
(a) reverse the finding and sentence and acquit or
the accused;
(b) order a review;
(c) alter the finding while upholding the sentence; or
(d) alter the nature or degree of punishment with or without
altering the finding.
Thus, wide powers have been given to the appellate court. In
1211) it has
the case of Rajayan vs State of Kerala'(AIR 1998, SC
been held by the Supreme Court that the order of acquittal should not
be set aside in appeal unless the order ofacquittal is manifestly wrong,
unlawful and improper.
phartiya.
Nagarik. Suraksha Sanhita 2023 95
o8e of State of unjab vs. Ramdev Singh'
(ourt
(AIR
1290), tlhe Supreme has said that the court
04,S
of acquittal. TheTlhe tendeney to make doubts theshould not
ghnk
only

the, i slhould be nvoided. basis for

A Y i t n g

Overall, thedecision cof the trial court

unless
should not be interfered
appeal it is perverse. (State
nthin the of Uttar Pradesh vs.
[ala
Singh, AIR 1990, SC 1013)