Appeal by State Government against sentence
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Summary
State Government may direct the Public Prosecutor to appeal if a sentence by any court below the High Court appears inadequate: to the Court of Session when a Magistrate sentenced, or to the High Court when any other court did. If a central agency investigated the offence, Central Government may also order such an appeal. The appellate court cannot enhance sentence without giving the accused a reasonable opportunity to show cause; the accused may plead for acquittal or reduction. Certain appeals under the Bharatiya Nyaya Sanhita, 2023 must be decided within six months.
Example
Priya is convicted by a Magistrate and given a light sentence for theft. The State Government thinks the sentence is too low and directs the Public Prosecutor to appeal to the Court of Session. The Court can increase Priya's sentence only after giving her a reasonable opportunity to show cause, and she may seek acquittal or a reduced sentence.
Bare Act
Enacted text(1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy-
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(a) to the Court of Session, if the sentence is passed by the Magistrate; and
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(b) to the High Court, if the sentence is passed by any other Court.
(2) If such conviction is in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may also direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy-
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(a) to the Court of Session, if the sentence is passed by the Magistrate; and
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(b) to the High Court, if the sentence is passed by any other Court.
(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.
(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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