Right to appeal by the third person in Criminal cases

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    • #888
      Swetalika Das

      Appeals in criminal cases may be preferred by the prosecution as mentioned under proviso of section 372 of code of criminal procedure,1973 but there are also other sections which deals with appeals by anyone other than the prosecutions such as section 351, Section 363(4), section 374, section 377 and Section 380 of Code of criminal procedure.

      Section 372 ( proviso) of CrPC states that the victim have the right to appeal against any order by the court under three circumstances:
      1. Acquitting the accused
      2. convicting for a lesser offence
      3. imposing inadequate compensation
      Whereas, Section 351(1) of CrPC states about appeals from convictions only under sections 344,345,349 and 350. An appeal from such conviction by a court of small causes shall lie to court of session and the appeal by sub section(1) is not controlled by any other provisions of the code. Therefore, an appeal against above mentioned sections only lies under this subsection even when the fine is imposed.

      Section 363(4) states when the accused is sentenced to death by any court then the accused have the right to appeal whereas proviso to section 372 only talks about the right of victims to appeal.

      Section 374 of Code of criminal procedure also states about appeals from convictions on a trial which is held by the high court may appeal to the Supreme Court whereas proviso to section 372 of CrPC states about the appeal against an order convicting the accused for the lesser offence.Even in section 377 of CrPC it mentioned that the state government or the central government can file an appeal regarding inadequate sentence.In this case, the accused had a right to plead for acquittal or for reduction of sentence whereas proviso to section 372 talks about the right of victim to appeal against the same order.

      Section 380 of CrPC is stating about the fact that an accused person whose sentence is unappealable has a right of appeal under this section only his co accused has been given an appealable sentence.

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