Appeals from convictions
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Summary
Convictions after a trial by a High Court in its extraordinary original criminal jurisdiction can be appealed to the Supreme Court. Convictions by a Sessions Judge, Additional Sessions Judge, or by any court that imposed imprisonment for more than seven years can be appealed to the High Court. Convictions by Metropolitan Magistrates, Assistant Sessions Judges, or magistrates of the first or second class, and convictions under section 325 or orders/sentences under section 360, can be appealed to the Court of Session. Appeals against convictions under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E must be disposed within six months of filing.
Example
Ravi is convicted by a Sessions Judge and sentenced to ten years imprisonment for offences arising from the same trial. Ravi can appeal against his conviction and sentence 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 1 [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 a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class or of the second class, or
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(b) sentenced under section 325, or
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(c) in respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate,
may appeal to the Court of Session.
(4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code, the appeal shall be disposed of within a period of six months from the date of filing of such appeal2.
2 Criminal Law (Amendment) Act, 2018
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