Section 374 CrPC: Appeals from Convictions – Code of Criminal Procedure
1. State the code
Section 374 of the Code of Criminal Procedure (CrPC) deals with appeals from convictions.
2. Explain it
This section outlines the right of an accused person to appeal against a conviction by a Magistrate. It specifies the circumstances under which an appeal can be filed and the procedures to be followed.
Key points of Section 374 CrPC:
- An appeal can be made to the Sessions Court against a conviction by a Magistrate.
- The appeal must be filed within the prescribed time limit.
- The appeal can be based on various grounds, such as a wrong decision on the facts or law, or a wrong sentence.
3. Illustrate it
Example: A person is convicted by a Magistrate for theft and sentenced to imprisonment. The accused believes that the Magistrate misconstrued the evidence, leading to a wrongful conviction. The accused can file an appeal under Section 374 to the Sessions Court to challenge the Magistrate’s decision.
4. Common Question and Answers
Q: Who can file an appeal under Section 374 CrPC?
A: The accused person convicted by a Magistrate 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.
Q: Can the prosecution appeal against an acquittal by a Magistrate?
A: Yes, the prosecution can appeal against an acquittal under certain circumstances, but this is governed by separate provisions of the CrPC.
