Finality of judgments and orders on appeal
AI Assist
Summary
Judgments and orders by an Appellate Court are final, except where specific statutory exceptions allow further challenge. Even after an appeal against conviction is finally disposed of, the Appellate Court may still hear an appeal against an acquittal or an appeal to enhance sentence if they arise from the same case. Finality is therefore subject to a few legal exceptions.
Example
Rohan was convicted of theft and appealed. The Appellate Court heard and disposed of the appeal, so that decision is final and normally cannot be further contested. Later the prosecution seeks to increase Rohan's sentence arising from the same case; the Appellate Court can still hear that enhancement appeal.
Bare Act
Enacted textJudgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 418, section 419, sub-section (4) of section 425 or Chapter XXXII:
Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,-
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(a) an appeal against acquittal under section 419, arising out of the same case; or
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(b) an appeal for the enhancement of sentence under section 418, arising out of the same case.
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