Finality of judgments and orders on appeal
AI Assist
Summary
An appellate court's decision on an appeal is final in most cases. There are limited exceptions made by other specific provisions of law for certain offences or situations. Even if an appeal against conviction is finally disposed, the appellate court may still hear an appeal against acquittal from the same case or an appeal seeking enhancement of sentence arising from the same case.
Example
Priya is convicted of theft and acquitted on a related charge; her appeal against the conviction is finally decided by the appellate court. Even after that final disposal, the appellate court may still hear an appeal challenging her acquittal on the related charge or an appeal to increase the sentence arising from the same case.
Bare Act
Enacted textJudgments and orders passed by an Appellate Court upon an appeal shall be final, except in the case provided for in section 377, section 378, Sub-Section (4) of section 384 or Chapter XXX:
Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits.
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(a) an appeal against acquittal under section 378, arising out of the same case, or
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(b) an appeal for the enhancement of sentence under section 377, arising out of the same case.
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