Code
Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely:—
(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;
(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;
(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or
(d) where, in a case tried summarily, a Magistrate empowered to act under section 260 passes only a sentence of fine not exceeding two hundred rupees:
Provided that an appeal may be brought against such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground—
(i) that the person convicted is ordered to furnish security to keep the peace; or
(ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or
(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.
Explanation
This section essentially bars appeals in cases where:
- The offense is punishable by fine only.
- The offense is punishable by imprisonment for a term not exceeding six months.
- The offense is punishable by both fine and imprisonment for a term not exceeding six months.
However, an appeal can be filed if the Magistrate has provided reasons for his judgment or order under Section 374 or 375, which deal with special situations where the Magistrate’s decision needs to be justified.
Illustration
Imagine a person is convicted by a Magistrate for an offense like petty theft, punishable with a fine of ₹1000. Under Section 376, the accused cannot appeal the Magistrate’s decision unless the Magistrate has provided reasons for his judgment under Section 374 or 375.
Common Questions and Answers
Q: What are the exceptions to this rule?
A: The only exceptions are when the Magistrate has provided reasons for his judgment or order under Section 374 or 375.
Q: What is the rationale behind this rule?
A: This rule is intended to reduce unnecessary litigation and expedite the disposal of minor cases.
Q: Can the accused file a revision petition instead of an appeal?
A: Yes, the accused can file a revision petition to a higher court challenging the Magistrate’s decision, even if Section 376 prevents an appeal. However, the revision petition must be based on grounds of legal error or miscarriage of justice.
