What is an appeal? What are the cases in which no appeal lies? Can a revision be filed where the right of appeal is not exercised?

Question: What is an appeal? What are the cases in which no appeal lies? Can a revision be filed where the right of appeal is not exercised? [U.P.C.J. 1988]

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Answer

The word “appeal” means the right of carrying a particular case from an inferior to a superior Court with a view to ascertain whether the judgment is sustainable. An appeal is a creature of statute and only exists where expressly given. Chapter XXIX declares what sentences or orders are appealable.

Section 372 in the Code of Criminal Procedure, 1973 provides that no appeal lies unless otherwise provided. It states:

“No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or any other law for the time being in force.”

Proviso to the section was added by Act No. 5 of 2009 amendment act that: “the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.”

Section 376 CrPC – No Appeal in Case of Petty Cases

No appeal shall lie in the case of petty cases. Petty cases differ from court to court. The following are considered petty cases:

1. In case of High Court– Imprisonment up to 6 months, fine of Rs 1000 or both.
2. In case of Court of Session– Imprisonment up to 3 months, fine of Rs 200 or both.
3. In case of Metropolitan Magistrate– Imprisonment up to 3 months, fine of Rs 200 or both.
4. In the case of Judicial Magistrate I– Fine of Rs 100.
5. In case of Magistrate empowered under section 260 of the Criminal Procedure Code– Fine up to Rs 200.

Further, revision can be filed in the superior court by the aggrieved party of any judgment passed by the subordinate court where no appeal lies. Revision is the discretionary and supervisory power of the superior court. Unlike an appeal, it does not warrant any statutory right to the aggrieved party.

Under the Criminal Procedure Code, 1973, Revision is explained for criminal matters in section 397. Under CrPC, revisional jurisdiction can be exercised by the High Court as well as Sessions Judge. As per section 397 of CrPC, to check the correctness or legality of any finding, sentence or order, or proceeding, the Court may call for such record or direct the execution of any sentence or order to be suspended, and if the accused is in jail a bail is released or on a bond, while the examination of the record is pending in the court.

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