Judgments of subordinate Appellate Court
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Summary
Judgment rules used in original criminal courts apply, as far as practicable, to judgments on appeal by a Sessions Court or Chief Judicial Magistrate. The appellate court may alter those rules if needed. Unless the appellate court otherwise directs, the accused need not be brought up or required to attend to hear the judgment.
Example
Priya was convicted by a magistrate and appealed to the Sessions Court. The appellate judge follows the same judgment procedure as in the trial court, and unless the appellate court specifically directs otherwise, Priya will not be required to be brought to court to hear the judgment.
Bare Act
Enacted textThe rules contained in Chapter XXVII as to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a Court of Session or Chief Judicial Magistrate:
Provided that unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.
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