- According to section 363 of Crpc, when the accused is sentenced to imprisonment, a copy of the judgment is to be given to accused and other persons.
- Chapter 28 (Sections 366-371) deals with provisions relating to “Submission of Death sentences for confirmation”.
- Section 366 provides for the submission of death sentence of death by Court of Sessions to the High Court for confirmation.
- Section 367 provides the power of High Court to direct further inquiry or additional evidence to be taken, if required in the case.
- Section 368 provides power of the High Court to confirm sentence or annul conviction.
- On being submitted the sentence of death by Court of Sessions, the High Court may confirm the sentence, annul the conviction or may pass any other sentence warranted by law.
- The minimum number of judges of the High Court which are required to sign the confirmation of death sentence are 2. (Sec 369)
- Confirmation of death sentence can be decided by 2 or more judges of High Court. (Sec 369)
- Section 370 prescribes the procedure in case the judges in a case are equally divided in opinion, ie., the case shall be decided in the manner provided by section 392.
- On confirmation or reversal of the order of death sentence by High Court, the High Court shall send a duly sealed and attested copy of order to the Court of Sessions. (Section 371)
- Chapter 29 (Sections 372-394) deals with the provisions of Appeals.
- Section 372 provides that no appeal to lie unless as provided for by Crpc.
- Under section 372 of Crpc, a victim can file an appeal against the order of acquittal.
- Section 373 provides for appeals from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour.
- According to section 374, any person convicted on a trial held by the High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
- Under section 374(2) of Crpc, the Sessions Court exercised power of appeal from convictions to the High Court.
- Any person convicted on a trial by an Additional Session Judge for an offence in which sentence of imprisonment is more than 7 years may appeal to High Court. (Sec 374(2))
- Section 375 says that no appeal in cases where the accused pleads guilty, except for the cases relating to the extent of legality of the sentence passed by Court of Sessions, Metropolitan Magistrate or Magistrate of 1st or 2nd class.
- Section 376 says that no appeal in petty cases.
- There shall be no appeal by a convicted person where a Magistrate of 1st class passed only a sentence of fine not exceeding 100₹. (Sec 376)
- Section 377 provides that appeals to be filed by the State Government on the grounds of inadequacy of sentences.
- For appeals under section 377, the State Government will direct Public Prosecutor to file an appeal against such sentences.
- An appellate court, while disposing of an appeal under Crpc cannot enhance the punishment without providing an opportunity to accused, to show cause against such enhancement nor inflict greater punishment than the trial court was competent to award. (Sec 377)
- Section 378 talks about appeal in case of acquittal to be filed by Public Prosecutor upon the direction of District Magistrate or the State Government, as the case may be.
- No appeal to the High Court under section 378(1) or 378(2) shall be entertained except with the leave of the High Court.
- An appeal against an order of acquittal by Judicial Magistrate 1st class in respect of an offence under section 138 of Negotiable Instruments Act can be filed in High Court with leave of Court.
- The appeal against an order of acquittal passed by the court of Judicial Magistrate first class shall lie to the Court of Sessions. (Sec 378)
- The judgment of acquittal passed by Judicial Magistrate is appealable before Sessions Court in any Cognizable and Non-bailable offence. (Sec 378)
- If in a criminal appeal an accused dies and his near relatives wish to continue, they must apply within 30 days.
- Where the High Court has, on appeal reversed an order of Acquittal of an accused person and convicted him and sentenced him to Death or to imprisonment for life or for more than 10 yrs, the accused may appeal to the Supreme Court. (Sec 379)
- Section 380 provides that when more than 1 person are convicted in one trial, and an appealable judgment or order had been passed in respect of any of such person, all or any of them shall have a right of appeal.
- Section 381 talks about how the appeals to Court of Sessions are heard.
- Section 382 provides that Petition of appeal shall be accompanied by a copy of judgment or order appealed against.
- Section 383 prescribes the procedure when appellant is in jail.
- The petition of appeal of the appellant in jail is forwarded by the officer in charge of the jail 68 the proper Appellate Court. (Section 383)
- Summary dismissal of appeal is provided under section 384 of Crpc.
- Section 384 provides that no appeal presented by the appellant shall be dismissed unless a reasonable opportunity of being heard is provided to the appellant of his pleaser.
- Section 385 provides for hearing of appeals not dismissed summarily, ie., the Appellate Court shall cause notice of the time and place at which such appeal will be heard.
- Section 386 provides for the powers of the Appellate Court.
- The Appellate Court under section 386 of Crpc is empowered to reverse, alter or enhance the sentence of the appellant.
- In the case of enhancement of sentence under section 386, an opportunity to the accused must be given to show cause against such enhancement.
- Section 387 provides that the rules contained in chapter 27 relating to judgments shall apply to the judgment in appeal of a Court of Sessions or Chief Judicial Magistrate.
- Section 388 provides that whenever a case is decided on appeal by the High Court, it shall certify its order or judgment to the court by which the finding, sentence or order appealed against was recorded or passed.
- The court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court. (Sec 388(2))
- Section 389 provides that when an appeal by a convicted person is pending, the appellate court may order the execution of the sentence be suspended and the court can also release him on bail, after giving the public prosecutor is given an opportunity to show cause why such bail should not be granted.
