Monday, 31 January 2022

Appeal and Revision under Criminal Procedure Code

               Appeal and Revision under Criminal Procedure Code 

Appeal: -

It is a major part of Indian legal system or criminal law. If anyone is not satisfied with any ruling on those men he can file a petition in the form of appeal in the higher forum or higher court. There is some particular matter in which an apple cannot be filed, like- 

  • If that used person pleads guilty and convicted by the High Court or by the court of session or by any judicial magistrate under section 372 of criminal procedure code.

  •  If a first class magistrate imposes a fine not more than rupees 100 under section 376 in summary trial.  if the fine does not exit our cross rupees 200.

  •  If learning High Court awards and imprisonment of not more than six months and also imposes fine not more than rupees 1000.

apart from that in some other matters appeal is not allowed.  They are as follows- 

  • If there is a default of payment of fine,  which is included in the sentence or punishment .

  • If the person is convicted to furnish or to submit insecurity to maintain peace in the area under section 107 and 144 of the criminal procedure code.

apple in the matter of conviction under section 374 (1) If any person is convicted on trial by High Court then he can file apple to the Supreme Court.  Similarly,  under section 374 (2) If anyone is convicted by the sessions judge for additional sessions judge an apple before the learning High Court can we filed. No appeal will be entertained if the accused pleads guilty himself.

Under section 397 of Criminal Procedure Code, there is a scope of revisional jurisdiction by which a superior Court can perform its supervisory Jurisdiction. The main object is to correct miscarriage of justice in the matter of misconception of law, irregularity of Procedure, neglect of proper precaution, resulting some injury in the maintenance of Law and order.

By this provision of revisional jurisdiction superior courts can call records from inferior courts,  lake High Court Alsatian justice court can call from its subordinate court.

High Court’s power of revision:

Under section 401 High Court enjoy the power of revisional jurisdiction, like in the matter of- 

  • Enhancing the sentencing.

  • Suspension of a sentence which is providing in an appeal.

  • Releasing an appellant on bail.

  • Taking cognizance of further evidence which is directly associated with the matter.

  • Tendering an order of pardon.

  • An appealed Court can acquit or discharge the accused after conducting further inquiry retail or commitment.

Session’s judges power of revision:

The Session Judges may exercise all the powers which are prescribed all objectives to stop multiplicity of proceeding. it makes final decision in a revision application to a person and stops him to file further proceedings by the way of revision to the High Court if necessary.

If any application for revision is filed before the session judge then his decision Will be entertained by the High Court or any other court. The High Court or session judge may direct the chief judicial magistrate or any subordinate magistrate to make further inquiry in two any complaint which is dismissed under section 203 of criminal procedure code.

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