IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sreedhar (advocate)     23 February 2010


Dear Friends,

A person was charged for an offence U/s 420 IPC and he was acquitted by Chief Judicial Magistrate. The Police has filed an appeal before Principal District and Sessions court. Is it right? Which court is the appellate authority, High Court or Sessions court.Please reply with some judgments.


 1 Replies

Feroz M Shafeeque (Police Officer)     23 February 2010

As per Section 378 of CrPC High Court is the appellate authority in case of acquital by lower courts.


378. Appeal in case of acquittal.

(1) Save as otherwise provided in sub-section (2) and subject to the provisions of subsections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any court other than a High Court 1[or an order of acquittal passed by the Court of Session in revision].

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query