Code
(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other court in which a sentence of imprisonment for more than seven years 1 [has been passed against him or against any other person convicted at the same trial], may appeal to the High Court.
(3) Save as otherwise provided in sub-section (2), any person,–
(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or of the second class, or
(b) sentenced under section 325, or
(c) in respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate,
may appeal to the Court of Session.
2[(4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code (45 of 1860), the appeal shall be disposed of within a period of six months from the date of filing of such appeal.]
STATE AMENDMENT
Assam
In Section 374 of the Code, in clause (a) of sub-section (3), for the words “Magistrate of the first class, or of the second class,” the words “Magistrate of the first class, Executive Magistrate or a Magistrate of the second class,” shall be substituted.
[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]
Manipur
In section 374 of the Code, in clause (a) of sub-section (3), for the words “Magistrate of the first class of the second class the words “Magistrate of the first class Specified Executive Magistrate or Magistrate of the second class” shall be substituted.
[Vide Manipur Act 3 of 1985, s. 4 (2) and the Schedule]
Explain it
This section outlines the right of an accused person to appeal against a conviction by a Magistrate. It specifies the circumstances under which an appeal can be filed and the procedures to be followed.
Key points of Section 374 CrPC:
- An appeal can be made to the Sessions Court against a conviction by a Magistrate.
- The appeal must be filed within the prescribed time limit.
- The appeal can be based on various grounds, such as a wrong decision on the facts or law, or a wrong sentence.
Illustrate it
Example: A person is convicted by a Magistrate for theft and sentenced to imprisonment. The accused believes that the Magistrate misconstrued the evidence, leading to a wrongful conviction. The accused can file an appeal under Section 374 to the Sessions Court to challenge the Magistrate’s decision.
Common Question and Answers
Q: Who can file an appeal under Section 374 CrPC?
A: The accused person convicted by a Magistrate can file an appeal.
Q: What is the time limit for filing an appeal?
A: The time limit is generally 90 days from the date of the judgment.
Q: Can the prosecution appeal against an acquittal by a Magistrate?
A: Yes, the prosecution can appeal against an acquittal under certain circumstances, but this is governed by separate provisions of the CrPC.
