Appeals from convictions under sections 383, 384, 388 and 389
AI Assist
Summary
A person convicted by a court other than a High Court for offences under sections 383, 384, 388 or 389 may appeal to the court that ordinarily hears appeals against that court’s orders. Appeals follow the procedures of Chapter XXXI and the appellate court can alter or reverse the finding, or reduce or set aside the sentence. Convictions by a Court of Small Causes, or by a Registrar or Sub-Registrar treated as a civil court, are appealed to the Sessions Court for that sessions division.
Example
Ravi, a shopkeeper, is convicted by a magistrate under section 383 and sentenced to a fine and jail. He appeals to the court that normally hears appeals against that magistrate’s orders; the appeal will follow Chapter XXXI procedures and the appellate court can overturn the conviction or reduce the sentence. If Ravi had been convicted by a Court of Small Causes, his appeal would go to the Sessions Court for that sessions division.
Bare Act
Enacted text(1) Any person sentenced by any Court other than a High Court under section 383, section 384, section 388, or section 389 may, notwithstanding anything contained in this Sanhita appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.
(2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.
(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate.
(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under section 386 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate.
Previous year papers
Pick your exam. we'll email the most recent paper.