- Sections 96 to 99A; 107 to 108; and Order 41 of the Code of Civil Procedure deals with first appeals from initial rulings.
- Appeals from convictions, are all outlined under Sections 372,373 and 374 of the CRPC
- CCP’s Section 100 allows for a second appeal.
- Many provisions relevant to appeals are given outside of chapter 29 of CrPC, for example, sections 86, 250, 351, 449, 454, and 458.
An appeal is a legal notion that refers to a person's right to seek justice in the face of an unlawful decision or order by submitting it to a Superior Court."The complaint to a superior court for an injustice done or error committed by an inferior one, whose judgment or decision the Court above is called upon to correct or reverse," according to Black's Law Dictionary, which defines "appeal" in its most original and natural sense. It is the transfer of a case from a court of lower jurisdiction to a court of higher jurisdiction in order to get a review and retrial."The right to appeal is both legal and substantive. The statutory structure of an appeal means that, unlike the ability to file a lawsuit, which is an inherent right, it must be formally given by a legislation together with the functional appellate machinery. It is substantive in the sense that, unless otherwise authorized by legislation, it must be applied prospectively.This right may be ceded by an agreement, and a party that accepts the advantages of a decree may be barred from contesting its legitimacy. An appeal on the other hand is based on the law in effect at the time the initial claim was filed.Appeals from orders requiring security or refusing to accept or rejecting surety for upholding the peace or good behavior, as well as appeals from convictions, are all outlined under Sections 372,373 and 374 of the CRPC 1973.The Code of Civil Procedure, 1908, Sections 96 to 99A; 107 to 108; and Order 41 deal with First appeals from original decisions.
APPEAL UNDER CPC
- First Appeal: Except when specifically forbidden, an appeal from a decree made by any Court exercising original jurisdiction to the designated appellate Courts is allowed under Section 96 of the CPC. A combined interpretation of Sections 2(2), 2(9), and 96 of the CPC suggests that a standard First appeal against certain adjudications may or may not be viable.
- Second Appeal: This code’s section 100 allows for a second appeal. It says that, with the exception of laws to the contrary, an appeal from a decree issued by a subordinate court in the first appeal should lie to the High Court. The scope of this section's exercise of jurisdiction is restricted to a substantial question of law framed at the time of the appeal's acceptance or otherwise.
- Conversion of an Appeal into Revision: In Bahori v. Vidya Ram, it was determined that because the CPC has no particular provision for the conversion of an appeal into a revision or vice versa, the Court's discretion must be used only under Section 151. Furthermore, the Court's inherent powers albeit discretionary allow it to make whatever orders are necessary to achieve the goals of justice. The sole need for such conversion is that proper protocol be followed when submitting the original appeal/revision.
Who can Appeal?
- Under Section 146, any party to the litigation who is negatively affected by a decree, or if the party is dead, his legal representatives.
- A transferee of such party's interest who is bound by the decree in so far as such interest is concerned, providing his name is included on the suit's record.
- An auction buyer may file an appeal against an order in execution rescinding the sale due to fraud.
- Unless he is a party to the lawsuit, no one else has the right to appeal under Section 96.
- If he is bound/aggrieved/prejudicially impacted by a decree/order, a person who is not a party to the litigation may request an appeal from it by special leave of the appellate Court.
- Appeal by one Plaintiff against another Plaintiff: Iftikhar Ahmed v. Syed Meherban Ali, it was agreed that if there is a conflict of interest between plaintiffs that has to be resolved by a court to relieve the defendant, and if it is, it would function on the lines of res judicata amongst co-plaintiffs in the succeeding litigation.
- Appeal by one Defendant against another Defendant: The rule might be accepted in a scenario where an appeal is sought against a co-defendant on a matter of law rather than the initially opposing parties. While acting as res judicata, such an appeal would lie even against a finding if it is required (a matter that has been adjudicated by a competent Court and hence may not be pursued further by the same parties).
- The Appeal against ex-parte Decree: The defendant might argue on the merits of the claim in the first appeal under Section 96(2) that the plaintiff's materials on record were inadequate for granting a decision in his favor or that the litigation was not otherwise viable. Alternatively, an application to set aside an ex parte decree may be filed (it is a decree passed against a defendant in absentia). Both of these medicines are natural companions. Furthermore, in an appeal against an ex parte decision, the appellate court is willing to consider the appropriateness or otherwise of the trial court's ex parte order.
- No Appeal against consent Decree: Section 96(3) stipulates that no decree entered with the assent of the parties is appealable, based on the wide principle of estoppel. An appeal is available against a consent decree if the grounds of attack are that the consent decree is illegal because it violates a legislation or that the council acted without power.
- No appeal in Petty Cases: Section 96(4) prohibits appeals save on issues of law in circumstances where the value of the original suit's subject-matter is less than Rs. 10,000, as determined by the Court of Small Causes. The overarching goal of this rule is to limit the number of petty case appeals.
- The Appeal against Preliminary Decree: Failure to challenge a preliminary order prevents bringing any objections to it in an appeal against a final decree, according to Section 97. The goal of the provision, according to the Court in Subbanna v. Subbanna, is that matters that have been raised by the parties and determined by the Court at the preliminary decree stage will not be open for re-agitation at the final decree stage. If no appeal is filed against the decision, it will be declared final.
- No appeal against a finding: Section 98(2) contains wording that is both imperative and required. The goal appears to be that on an issue of fact, if there is a disagreement, the lower court's opinions should be given precedence and confirmed. The appeal court cannot assess the validity of the factual findings and decide whether either position is right.
- Appeal to Supreme Court:The requirements for filing an appeal in the Supreme Court are set down in Article 133 of the Indian Constitution and Section 109 of the CPC: i) From a High Court judgement, decree, or final orderii) A case involving a significant point of law of broad importiii) The High Court believes that such an issue should be decided by the Supreme Court.
APPEAL UNDER CRPC
The term "appeal" is not defined in The Code of Criminal Procedure, 1973 (hereafter CrPC) but it can be characterized as a judicial review of a lower court's judgement by a higher court. Sections 372 to 394 of Chapter 29 of the Criminal Procedure Code deal with criminal appeal. Many provisions relevant to appeals are given outside of this chapter, for example, sections 86, 250, 351, 449, 454, and 458.
- Fundamental Principles of Appeal under CrPC: The following are the basic principles of appeal under the CrPC:
i. An appeal is a legal construct.
ii. There is no automatic right to appeal.
iii. Only against conviction may you appeal.
iv. In minor situations, there is no right of appeal.
v. In most cases, there is no right of appeal after a guilty plea.
- Appeal in Court of Session – Section 373 CrPC
The order may be appealed to the Court of Session under sections 117 and 121 of the Act.
Section 117: When a person has been obliged to provide security in exchange for maintaining the peace or good behavior.
Section 121:Any order refusing to accept or reject a surety that has harmed a person.
- Appeal From Convictions – Section 374 CrPC
If the High Court issues a conviction order while exercising exceptional original criminal jurisdiction an appeal to the Supreme Court is available.If the Court of Session or Additional Court of Session issues a conviction order during the trial an appeal to the High Court is available.If the Court of Session or Additional Court of Session sentences you to more than seven years in prison, you have the right to appeal to the High Court.When a person is found guilty by the Assistant Court of Session, Metropolitan Magistrate, Judicial Magistrate I, or Judicial Magistrate II, he or she has the right to appeal to the Court of Session.A person who has been wronged under the Criminal Procedure Code's sections 325 and 360 has the right to appeal to the Court of Session.
- Exception to Section 374 CrPC
i. No Appeal in Certain Cases Where the Accused Pleads Guilty: No appeal will be allowed if the accused pleads guilty in High Court and the court records the plea and convictions the individual.An appeal for the punishment is available when the offender pleads guilty in a court other than the High Court.Appeal on sentence is allowed based on extent and legality of sentence.
ii. No Appeal in Case of Petty Cases: In small matters, there is no right of appeal. Petty matters vary from one court to the next. The following are examples of minor offences.
- In the instance of a High Court conviction, the penalty could be up to 6 months in prison, a fine of Rs 1000 or both.
- In the instance of a Court of Session, the penalty is either imprisonment for up to three months or a fine of Rs 200 or both.
- In the instance of a Metropolitan Magistrate, the penalty is either imprisonment for up to three months or a fine of Rs 200 or both.
- Fine of Rs 100 in the event of a Judicial Magistrate.
- Fine of up to Rs 200 in the instance of a Magistrate authorized under section 260 of the Criminal Procedure Code.
- State Appeals Under Sections 377 and 378 of CrPC
Section 377: To improve the sentence
Section 378: Against the acquittal of accused
Section 377 CrPC – Appeal Against Sentence:
On the basis of inadequacy of the sentence, the State Government may file an appeal with the Court of Session or the High Court through a public prosecutor.If the Magistrate issues a sentence you can appeal to the Court of Session.If a punishment is imposed by another court you can appeal to the High Court.If the inquiry is conducted by the Delhi Special Police Establishment or another central agency, the central government will issue a directive to the public prosecutor.When an appeal or order for enhanced punishment is filed, the accused will be given a reasonable chance to be heard before the order is made.
Section 378 CrPC – Appeal in Case of Acquittal:
In this provision, the District Magistrate has the authority to instruct the public prosecutor to submit an appeal to the Court of Session against any Magistrate's decision of acquittal in a case of cognizable and non-bailable offence.The State also has the authority to instruct the public prosecutor to appeal or revise any acquittal order issued by a court other than the High Court.The Government would provide the order to submit an appeal if the inquiry is conducted by the Delhi Special Police Establishment or any other central body. It should be emphasized that before filing an appeal in the High Court, authorization from the High Court will be sought.
Appeal Against Conviction by High Court in Certain Cases – Section 379 CrPC
An appeal lies to the Court of Session if a person is convicted by an Assistant Court of Session, Metropolitan Magistrate, or Judicial Magistrate first class, Judicial Magistrate second class.
Special Right of Appeal in Certain Cases – Section 380 CrPC
If a co-accused has received an appealable sentence, an accused has the right to appeal an unappealable punishment under this clause.
Appeals are recognized as statutory rights for anyone who have been wronged by a lower court's judgement in the interest of justice. The Code of Civil Procedure defines first appeals as a type of appeal. In the case of an appeal to the first appellate authority, the term of limitation is 90 days, and in the case of an appeal to the High Court, it is 180 days. Finally, it may be stated that the CPC's provisions comprehensively address both substantive and procedural issues of all types of appeals, while making explicit revisions to accommodate more specialized laws.As can be seen, the appeals procedure provides a person with the option to have any legal or factual errors in an order or judgement remedied. Nonetheless, appeals against any judgement, order, or sentence of a criminal court can only be sought if the statutes expressly allow it. As a result, the right to appeal may only be used within the confines of the CrPC or any other legislation in force, making it a limited privilege. Except in circumstances where an accused individual has been condemned to death by the Sessions Court, the choice to appeal is discretionary.