Appeal

India

Appeal in Criminal Law: A Comprehensive Overview

In common law jurisdictions, such as the United Kingdom, the United States, and India, the
appeal process follows a hierarchical structure. Appeals typically move from lower courts to
higher courts, allowing for a review of legal errors or procedural mistakes rather than a
complete retrial of the case.

According to the provided text, no appeal shall lie from any judgment or order of a criminal
court unless provided by law. However, victims have the right to appeal against an acquittal,
conviction for a lesser offence, or inadequate compensation. This highlights a victim-centric
approach in modern legal frameworks.

1. Right to Appeal

As per the legal provisions, an appeal is not an inherent right but is granted only in specific
cases defined by law. Section 413 explicitly states that no appeal shall lie unless provided for
by the legal framework. This means that a person convicted or affected by a criminal
judgment cannot appeal unless the law explicitly allows it.

However, an important exception is made for victims. The victim of a crime has the right to
appeal against an acquittal, a conviction for a lesser offense, or inadequate compensation.
This ensures that justice is not only accessible to the accused but also to the victims who seek
redress.

2. Categories of Appeals

The law categorizes appeals based on the nature of the case and the court that issued the
judgment.

 Appeals from Convictions:

o A person convicted by a High Court under its original jurisdiction can appeal
to the Supreme Court.

o A person convicted by a Sessions Court or sentenced to imprisonment for

more than seven years can appeal to the High Court.
 o Convictions by Magistrates can be appealed to the Court of Session.

 Appeals in Certain Cases:

o If a person is ordered to provide security for good behavior under Section 136
or if a surety is rejected under Section 140, they can appeal to the Court of
Session.

o Appeals against acquittals are permitted but require permission from the High
Court if filed by a private complainant.

 Restrictions on Appeals:

o No appeal is allowed if a person pleads guilty, except regarding the extent or

legality of the sentence.

o Appeals are restricted in minor cases where only a small fine or short
imprisonment is imposed.

3. Government’s Role in Appeals

The State Government can appeal against inadequate sentencing, and if the case was
investigated by a central agency, the Central Government may also file an appeal. This
ensures that lenient punishments do not undermine justice.

Similarly, the government can appeal against acquittals, but appeals to the High Court require
prior approval. If an acquittal is challenged by a private complainant, they must seek special
permission from the High Court within a stipulated time frame (six months for public
servants and sixty days for others).

4. Appeal Procedures

The appeal process follows a structured legal framework:

 Filing the Appeal: The appeal must be submitted in writing with a copy of the
judgment. If the appellant is in jail, they can file through the jail authorities.

 Hearing and Consideration: The appellate court may summarily dismiss the appeal
if it finds no valid grounds, but not without allowing the appellant an opportunity to
be heard.

 Decisions of the Appellate Court: The court has broad powers, including:
 o Dismissing the appeal.

o Reversing an acquittal and ordering a retrial or conviction.

o Modifying or enhancing a sentence but not without giving the accused an

opportunity to respond.

5. Suspension of Sentences and Bail Pending Appeal

An appellate court can suspend the execution of a sentence while an appeal is pending. In
serious offenses involving life imprisonment or death sentences, the court must allow the
prosecution to oppose bail before granting release.

6. Appeal Against Acquittal

If an appeal is filed against an acquittal, the High Court may order the arrest of the accused
and either remand them to custody or grant bail.

7. Finality and Abatement of Appeals

Once a final decision is made on an appeal, it is generally binding unless further appeal
provisions exist. Appeals abate upon the death of the appellant, except in cases of serious
convictions where the deceased's relatives can seek to continue the appeal.

France

Appeal in Criminal Cases in France

In the French criminal justice system, the right to appeal is a fundamental principle ensuring
fairness, legality, and proportionality in judicial decisions. The appeal process allows
convicted individuals or the prosecution to challenge a court’s decision if they believe there
has been a miscarriage of justice or a procedural error. The French legal framework
governing criminal appeals is primarily codified in the Code of Criminal Procedure (Code de
procédure pénale), and it provides for both factual and legal review of cases by higher courts.

Types of Appeals

The French system provides for two primary levels of appeal in criminal cases: appellate
jurisdiction (juridiction d'appel) and cassation (cour de cassation).

1. Appeal to the Cour d'Appel (Court of Appeal):

 o This is the first avenue of appeal available to defendants, the prosecution, and
in some cases, civil parties.

o The appeal must be lodged within ten days from the notification of the
judgment.

o The Cour d’Appel re-examines both the facts and the application of the law. It
has the power to uphold, modify, or overturn the lower court’s decision.

o The appeal process is available in cases originating from the Tribunal

Correctionnel (for misdemeanours) and the Cour d’Assises (for serious
crimes).

2. Appeal to the Cour de Cassation (Court of Cassation):

o The Cour de Cassation is the highest court in France for criminal matters. It
does not re-evaluate factual evidence but instead reviews whether the law has
been correctly applied.

o Appeals to this court must be filed within five days of the appellate decision.

o If the Cour de Cassation finds a legal error, it may annul the judgment and
remit the case to a different appellate court for retrial.

Grounds for Appeal

An appeal in criminal cases in France can be based on several grounds, including:

 Error in law: Incorrect application or interpretation of legal provisions.

 Procedural irregularities: Violations of procedural rules that may have affected the
fairness of the trial.

 Errors in fact-finding: Inaccuracies in the assessment of evidence or witness

testimonies.

 Excessive or insufficient sentencing: Appeals may be filed against the severity or

leniency of the penalty imposed.

Effect of an Appeal

Filing an appeal generally has the effect of suspending the execution of the contested
judgment, except in cases of pretrial detention or where immediate enforcement has been
ordered. The appellate court’s decision can affirm, modify, or quash the lower court’s ruling.
If the Cour de Cassation annuls a judgment, the case is often remanded to another appellate
court for reconsideration.

Conclusion
 Plea Bargaining

Plea Bargaining in India and France: A Comparative Analysis

Introduction to Plea Bargaining

Plea bargaining is a legal mechanism that allows an accused to negotiate with the prosecution
to plead guilty to a lesser charge in exchange for a lighter sentence. It aims to reduce the
burden on courts, expedite justice, and provide some relief to the accused. This practice is
widely used in several legal systems worldwide, including India and France, though its scope
and implementation differ in each jurisdiction.

Plea Bargaining in India

Legal Provisions

Plea bargaining was introduced in India through the Criminal Law (Amendment) Act,
2005, which added Chapter XXI-A to the BNSS. This chapter lays down the framework for
plea bargaining in India.

Key provisions include:

 Applicable only for offences where the maximum punishment is seven years of
imprisonment.

 Not allowed in cases involving serious offences, crimes against women, children
below 14 years, or socio-economic offences.

 The plea must be voluntarily made by the accused.

Procedure

1. Filing the Application: The accused files an application before the trial court
expressing the intent to engage in plea bargaining.

2. Court Scrutiny: The court examines whether the plea is voluntary and informs the
complainant and prosecution.

3. Negotiation and Settlement: The prosecution and accused, along with the victim (if
applicable), engage in negotiations to reach an agreement.

4. Judicial Approval: The court, upon being satisfied with the terms, passes an order
reducing the sentence.
Advantages of Plea Bargaining in India

 Reduces backlog: India’s judicial system is overburdened, and plea bargaining helps
expedite case resolution.

 Lowers incarceration costs: It helps reduce the financial strain on the prison system.

 Ensures faster justice: It allows the accused to receive a lesser sentence rather than
undergoing prolonged trials.

Challenges and Criticisms

 Limited applicability: Serious crimes, socio-economic offences, and crimes against

women are excluded, reducing its scope.

 Possibility of coercion: There is a risk that underprivileged accused may be pressured

into accepting a plea deal.

 Lack of awareness: Many litigants and even some legal professionals are unaware of
its provisions.

Plea Bargaining in France

Legal Framework

France follows the civil law system, which traditionally did not emphasize plea bargaining.
However, in 2004, France introduced a form of plea bargaining known as "Comparution sur
reconnaissance préalable de culpabilité" (CRPC) or "Appearance on Prior Admission of
Guilt."

 Applicable primarily to misdemeanors and lesser felonies punishable by up to five

years of imprisonment.

 Not applicable to serious crimes (e.g., homicide, sexual offences).

 The judge has discretion to reject or accept the agreement.

Process of Plea Bargaining in France

1. Accused Admits Guilt: The accused must first confess to the crime before
negotiating a plea.
 2. Negotiation with Prosecutor: The public prosecutor proposes a reduced sentence,
which the accused can accept or refuse.

3. Judicial Approval: A judge reviews the plea deal and ensures it was made
voluntarily.

4. Final Decision: If the judge approves, the sentence is finalized; otherwise, a full trial
proceeds.

Advantages of Plea Bargaining in France

 Efficient case disposal: Helps speed up judicial proceedings and clear case backlogs.

 Avoids lengthy trials: Beneficial for both the accused and the legal system.

 Flexibility: Gives prosecutors discretion to negotiate and settle cases quickly.

Criticism and Concerns

 Limited scope: Does not apply to major felonies.

 Judicial discretion: Judges may refuse plea agreements, causing unpredictability.

 Potential for abuse: Risk of unfair settlements if legal representation is weak.

Comparison Between India and France

Aspect India France

Legal Basis Introduced in 2005 via CrPC Chapter Introduced in 2004 as "CRPC"
XXI-A

Scope Offences punishable up to 7 years Offences punishable up to 5

years

Exclusions Serious crimes, socio-economic Major felonies, homicide, and

offences, crimes against women & sexual crimes
children

Process Application → Negotiation → Court Admission of guilt →

Approval Negotiation → Judicial Review
 Judicial Supervisory and ensures voluntary Judges retain discretion to reject
Role agreement plea deals

Objective Reduce backlog, provide relief to Expedite justice, prevent long

accused trials

Criticism Limited awareness, risk of coercion Judicial unpredictability,

potential abuse

Conclusion

Both India and France have incorporated plea bargaining to enhance judicial efficiency, but
with distinct approaches. While India’s model is more restrictive and regulated, France offers
a relatively flexible but still limited plea system. The Indian system aims to clear backlog but
excludes socio-economic offences, whereas France restricts plea bargaining to minor
felonies. Both countries could refine their systems to ensure fairness while maintaining
judicial efficiency.