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CrPC, 1973
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CrPCChapter XXIXSection 380
Section380

Special right of appeal in certain cases

AI Assist

Summary

When more than one person is convicted in the same trial and an appealable judgment or order is passed in respect of any one of them, any or all of the convicted persons have a right of appeal. It applies even if some co-accused would not otherwise have an independent appeal. The practical effect is that co-convicts can challenge the conviction or order together.

Example

Ravi and Priya are tried together for shop theft. The court passes an appealable sentence against Ravi. Because an appealable order exists in the same trial, Priya can also file an appeal even if her sentence alone would not normally be appealable.

Bare Act

Enacted text

Notwithstanding anything contained in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment of order has been passed in respect of any of such person, all or any of the persons convicted at such trial shall have a right of appeal.

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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 379Appeal against conviction by High Court in certain casesNext · Section 381Appeal to Court of Session how heard