What CrPC 372?

372. No appeal to lie, unless otherwise provided. No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or any other law for the time being in force.

What are the grounds for filing appeal in CrPC?

Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years 1 [has been passed against him or against any other person convicted at the same trial; may appeal to the High Court.

What is CrPC case?

Procedure for administration of substantive criminal laws. The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974.

What is appeal under CrPC?

The term “appeal” is not defined in the Code of Criminal Procedure 1973, (hereinafter CrPC), however, it can be described as a judicial examination of a decision delivered by a lower court to a higher court. An Appeal is a creation of Statute.

Does CrPC provide any scope for victim to file an appeal?

The proviso to Section 372 of the CrPC only provides a limited right to the private complainant/victim to file an appeal.

Can the victim appeal?

The victim shall have a right to prefer an appeal against any adverse order passed by the Court acquitting the accused, convicting for a lesser offence, imposing inadequate sentence, or granting inadequate compensation.

When can an appeal be filed under CrPC?

(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years 2 has been passed against him or against any other person convicted at the same trial], may appeal to the High Court.

What is Judgement under CrPC?

The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders, by delivering the whole of the judgment; or.

What is first schedule of CrPC?

CrPC Schedule 1 – The First Schedule In this Schedule, the expression “Magistrate 1st Class” and “Any Magistrate” include Metropolitan Magistrates but not Executive Magistrate; the word “cognizable” stands for “a police officer may arrest without warrant”; and.

Who has the power of revision in CrPC?

Section 398 CrPC – Power to Order Inquiry The Revisional Court (Court of Session, High Court) shall order Chief Judicial Magistrate to inquire himself or through subordinate to make a further inquiry regarding: (a) dismissal of a complaint under section 203, 204(4) of the Criminal Procedure Code.

Who is victim under CrPC?

Within the Indian legal framework, the term victim is defined under Section 2(wa) of the CrPC, 1973 as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir.

Can a victim file an appeal under Section 372 of CrPC?

In this case, on December 30, 2009, the Parliament had amended Section 372 of the CrPC so that it now allows the victim to file an appeal against any order passed by the Court, if according to the victim, the accused was wrongly acquitted, or convicted less stringent, or he/she feels that the compensation has been inadequate.

What is the meaning of Section 397 of the CrPC?

The word “revision” has not been defined in CrPC, however, as per Section 397 of CrPC, the High Court or any Sessions Judge have been empowered to call for and examine the records of any proceeding satisfy oneself: as to the correctness, legality, or propriety of any finding, sentence or order, whether recorded or passed, and

What is section 378 of the Indian Penal Code?

Section 378- Appeal in cases of acquittal The state government is entitled to direct the Public Prosecutor to present an appeal in the High Court from an order of acquittal (original or appellate) passed by the Court of Session of any court other than the High Court. This is subject to the following conditions-

Can a victim seek enhancement of sentence under CrPC?

Unless same is provided wither under CrPC or by any other law for the time being in force no appeal, seeking enhancement of sentence at the instance of the victim is maintainable. The High Court relied upon National Commission for Women v.