Appeals from convictions
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Summary
Trials in the High Court in its extraordinary original criminal jurisdiction can be appealed to the Supreme Court. Trials by a Sessions Judge, Additional Sessions Judge, or by any court where someone at the same trial received more than seven years' imprisonment go to the High Court, while convictions by First or Second Class Magistrates, sentences under section 364, or orders/sentences under section 401 by any Magistrate go to the Court of Session. Certain appeals under the Bharatiya Nyaya Sanhita, 2023 must be disposed within six months of filing.
Example
Ravi was tried by a Sessions Judge and sentenced to ten years' imprisonment for theft. He can appeal to the High Court.
Bare Act
Enacted text(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
(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 has been passed against him or against any other person convicted at the same trial, may appeal to the High Court.
(3) Save as otherwise provided in sub-section (2), any person,-
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(a) convicted on a trial held by Magistrate of the first class, or of the second class; or
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(b) sentenced under section 364; or
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(c) in respect of whom an order has been made or a sentence has been passed under section 401 by any Magistrate, may appeal to the Court of Session.
(4) When an appeal has been filed against a sentence passed under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.
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