Appeal by the State Government against sentence
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Summary
State Government may order the public prosecutor to appeal when a conviction by any court below the High Court produces a sentence regarded as inadequate. Appeals go to the Court of Session if a Magistrate sentenced, and to the High Court for sentences by other courts; Central Government can order appeals to the High Court for cases investigated by DSPE or other central agencies. The High Court cannot increase sentence without giving the accused a reasonable chance to show cause, and the accused may seek acquittal or reduction; appeals in certain listed sexual-offence sections must be disposed within six months.
Example
Priya is convicted by a Magistrate for theft and sentenced to six months' imprisonment. The State Government considers the sentence too lenient and directs the public prosecutor to appeal to the Court of Session for enhancement. The Session Court may increase the sentence but must first give Priya a reasonable opportunity to show cause; she can plead for acquittal or reduction.
Bare Act
Enacted text(1) Save as otherwise provided in Sub-Section (2), the State Government may in any case of conviction on a trial held by any Court other than a High Court, direct the Public prosecutor to present an appeal against the sentence on the ground of its inadequacy-
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(a) to the Court of session, if the sentence is passed by the Magistrate; and
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(b) to the High Court, if the sentence is passed by any other Court”;
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(c) in Sub-Section (3), for the words “the High Court”, the words “the Court of Session or, as the case may be, the High Court” shall be substituted
(2) If such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy.
(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.
(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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