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 textNotwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely:
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(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;
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(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;
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(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or
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(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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