Code
If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court.
STATE AMENDMENTS
Andaman and Nicobar Islands (U.T.).
In section 383, the following words shall be inserted at the end, namely: —
“or if, by reason of the weather, transport or other difficulties, it is not possible to forward them to the proper Appellate Court they shall be forwarded to the Administrator or an Executive Magistrate, not below the rank of a Sub-Divisional Magistrate, who shall, on receipt of such petition of appeal and copies, record thereon the date of receipt thereof and thereafter forward the same to the proper Appellate Court.”.
[Vide Andaman and Nicobar Islands (U.T.). Act 1 of 1974, s. 5.]
Explanation
Section 383 CrPC outlines the process by which an appellant incarcerated in a prison can initiate and pursue an appeal. It lays down the following steps:
- Application to the Jail Superintendent: The appellant must submit a written application to the Jail Superintendent seeking permission to appeal. This application must detail the grounds for appeal and the desired outcome.
- Forwarding of Application: The Jail Superintendent must forward the application, along with relevant documents, to the appropriate court within a specified time frame.
- Notice to the Respondent: The court will then issue notice to the respondent (usually the prosecution) about the appeal.
- Appearance in Court: The appellant can be brought before the court for the appeal proceedings. They may be allowed to appear personally or through a legal representative.
- Procedure for Hearing: The appeal proceedings follow the standard procedure for appeals. The appellant will have an opportunity to present their arguments and evidence, and the respondent can present their case as well.
- Judgment: The court will then deliver a judgment based on the merits of the case. The judgment can either uphold the lower court’s decision, modify the sentence, or even acquit the appellant.
Illustration
Imagine a person named John is convicted and sentenced to imprisonment for theft. He wants to appeal this judgment. Being in jail, he will file an application to the Jail Superintendent outlining his grounds for appeal. The Jail Superintendent will then send this application to the appropriate court. The court will inform the prosecution about the appeal and schedule a hearing. John can either appear personally or have a lawyer represent him in court. The court will then hear the arguments from both sides and issue a final judgment on the appeal.
Common Questions and Answers
Q: What if the Jail Superintendent refuses to forward the appeal application?
A: The appellant can approach the court directly, seeking an order to compel the Jail Superintendent to forward the application.
Q: Can the appellant be denied permission to appear in court?
A: In exceptional circumstances, the court might decide that the appellant’s presence is not necessary. However, this is rare, and the court must justify its decision.
Q: What if the appellant is unable to afford legal representation?
A: In some cases, the court may appoint a legal aid lawyer to represent the appellant if they demonstrate financial hardship.
