Code
Every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against.
STATE AMENDMENT
Andaman and Nicobar Islands (U.T.).
Section 382 shall be re-numbered as sub-section (1) of that section, and sub-section (1) as so re-numbered, the following provisos and Explanation shall be added, namely: —
“Provided that where it is not practicable to file the petition of appeal to the proper Appellate Court, the petition of appeal may be presented to the Administrator or to an Executive Magistrate, not below the rank of Sub-Divisional Magistrate, who shall forward the same to the proper Appellate Court; and, when any such appeal is presented to the Administrator or to an Executive Magistrate, he shall record thereon the date of its date of presentation and, if he is satisfied that, by reason of the weather, transport or other difficulties, it is not possible for the appellant to obtain, from the proper Appellate Court, orders for the suspension of sentence or for bail, he may, in respect of such appeal, or an appeal forwarded to him under section 383, exercise all or any of the powers of the proper Appellate Court and sub-section (1) of section 389 with regard to suspension of sentence or release of a convicted person on bail:
Provided further that the order so made by Administrator or the Executive Magistrate shall have effect until it is reversed or modified by the proper Appellate Court.
Explanation:–For the purposes of the provisos to this section, and section 383, Administrator, in relation to a Union territory means the Administrator appointed by the President under article 239 of the Constitution, for that Union territory.”;
In section 382 after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:–
“(2) For purposes of computation of the period of limitation, and for all other purposes, an appeal presented to an Administrator or an Executive Magistrate under sub-section (1) or as the case may be, under section 383, shall be deemed to be an appeal presented to the proper Appellate Court.”;
[Vide Andaman and Nicobar Islands (U.T.). Act 1 of 1974, s. 5.]
Explain it
This section outlines the procedure for filing an appeal against a judgment or order passed by a Magistrate or a Sessions Court. It details the following:
- Who can appeal: The person convicted by the lower court or the prosecution can file an appeal.
- Where to appeal: The appeal is filed in the higher court, such as the Sessions Court for appeals against a Magistrate’s judgment, and the High Court for appeals against a Sessions Court’s judgment.
- Time limit: There is a specific time limit for filing an appeal, which varies depending on the nature of the case and the court. This time limit is generally 90 days from the date of the judgment.
- Contents of the appeal: The appeal petition must include details of the case, the judgment appealed against, and the grounds on which the appeal is based.
- Procedure: The appeal petition is filed with the higher court along with supporting documents, and the court will then decide whether to hear the appeal.
Illustrate it
Let’s say someone is convicted by a Magistrate for theft. This person can file an appeal against the judgment in the Sessions Court. They must file the appeal within the specified time limit and state the grounds for their appeal. For instance, they might argue that the evidence presented against them was insufficient or that the Magistrate misapplied the law. The Sessions Court will then consider the appeal and decide whether to overturn or uphold the Magistrate’s judgment.
Common Questions and Answers
Q: Who can file an appeal under Section 382 CrPC?
A: Both the convicted person and the prosecution 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. However, this can vary depending on the nature of the case and the court.
Q: What should an appeal petition contain?
A: The appeal petition should include details of the case, the judgment appealed against, and the grounds for the appeal. Supporting documents must also be submitted with the petition.
Q: What happens after an appeal petition is filed?
A: The higher court will review the petition and decide whether to hear the appeal. If they decide to hear it, a date for the hearing will be set.
