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CrPC, 1973
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CrPCChapter XXIXSection 376
Section376

No appeal in petty cases

AI Assist

Summary

Small or 'petty' sentences cannot be appealed by the convicted person. This covers: High Court sentences of imprisonment not exceeding six months or fine not exceeding ₹1,000; Sessions or Metropolitan sentences of imprisonment not exceeding three months or fine not exceeding ₹200; First-class Magistrate fines not exceeding ₹100; and summary trials under section 260 fines not exceeding ₹200. An appeal is allowed if some other punishment is combined, but not merely because the person is ordered to furnish security to keep the peace, or imprisonment in default of fine is included, or multiple fines are imposed whose total stays within these limits.

Example

Ravi, a shopkeeper, is convicted by a Sessions Court and fined ₹150 only. He cannot appeal that fine because it falls within the petty-case limit for a Sessions Court. If the court had also imposed imprisonment, he would have been able to appeal.

Bare Act

Enacted text

Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely:

  • (a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;

  • (b) where a Court of Session or a Metropolitan Magistrate 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;

  • (c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or

  • (d) where, in a case tried summarily, a Magistrate empowered to act under section 260 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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XXIX

Chapter XXIX

Appeals

In this chapter

  • 372No appeal to lie unless otherwise provided
  • 373Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
  • 374Appeals from convictions
  • 375No appeal in certain cases when accused pleads guilty
  • 376No appeal in petty cases
  • 377Appeal by the State Government against sentence
  • 378Appeal in case of acquittal
  • 379Appeal against conviction by High Court in certain cases
  • 380Special right of appeal in certain cases
  • 381Appeal to Court of Session how heard
  • 382Petition of appeal
  • 383Procedure when appellant in jail
  • 384Summary dismissal of appeal
  • 385Procedure for hearing appeals not dismissed summarily
  • 386Powers of the Appellate Court
  • 387Judgments of subordinate Appellate Court
  • 388Order of High Court on appeal to be certified to lower Court
  • 389Suspension of sentence pending the appeal; release of appellant on bail
  • 390Arrest of accused in appeal from acquittal
  • 391Appellate Court may take further evidence or direct it to be taken
  • 392Procedure where Judges of Court of appeal are equally divided
  • 393Finality of judgments and orders on appeal
  • 394Abatement of appeals
Previous · Section 375No appeal in certain cases when accused pleads guiltyNext · Section 377Appeal by the State Government against sentence