No appeal in petty cases
AI Assist
Summary
No appeal lies for trivial convictions where only a small sentence is imposed: High Court when the sentence is only up to three months imprisonment or a fine up to ₹1,000 (or both); Sessions Court when only up to three months imprisonment or a fine up to ₹200 (or both); First Class Magistrate when only a fine up to ₹100; and a Magistrate in a summary trial when only a fine up to ₹200. An appeal is allowed if any other punishment is combined, but not merely because the convict must give security to keep the peace, faces imprisonment in default of fine, or has multiple fines whose total stays within these limits.
Example
Rohan, a shopkeeper, is fined ₹100 by a First Class Magistrate for a minor licence breach. Since the sentence is only a fine not exceeding ₹100, Rohan cannot appeal the conviction. If the Magistrate had also imposed some other punishment, Rohan would have been able to appeal.
Bare Act
Enacted textNotwithstanding anything in section 415, there shall be no appeal by a convicted person in any of the following cases, namely:-
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(a) where a High Court passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;
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(b) where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;
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(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or
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(d) where, in a case tried summarily, a Magistrate empowered to act under section 283 passes only a sentence of fine not exceeding two hundred rupees: Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground-
(i) that the person convicted is ordered to furnish security to keep the peace; or
(ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or
(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.
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