Section 379 CrPC: Appeal Against Conviction by High Court – Explained
1. The Code
Section 379 of the Code of Criminal Procedure, 1973 (CrPC) deals with the right of appeal against a conviction by the High Court.
2. Explanation
This section outlines the circumstances under which an accused person can appeal against a conviction by the High Court. Here’s a breakdown:
- Right to Appeal: An accused person convicted by a High Court has the right to appeal against the conviction to the Supreme Court.
- Grounds for Appeal: The appeal can be filed on the grounds that the conviction is wrong, either in law or in fact, or that the sentence imposed is excessive.
- Time Limit: The appeal must be filed within 90 days from the date of the judgment of the High Court. However, the Supreme Court has the power to extend the time limit if it finds sufficient cause.
- Procedure: The appeal is filed in the Supreme Court by filing a memorandum of appeal. The appellant must also file a copy of the judgment of the High Court and a statement of the grounds on which the appeal is based.
3. Illustration
Imagine a person is convicted by a High Court for murder. They believe the evidence against them was circumstantial and insufficient. They can appeal this conviction to the Supreme Court under Section 379 CrPC, arguing that the conviction was wrong in fact.
4. Common Questions & Answers
Q: Can any accused person appeal to the Supreme Court under Section 379?
A: No. Only an accused person convicted by the High Court can appeal to the Supreme Court under this section.
Q: What happens if the appeal is successful?
A: If the Supreme Court finds the appeal to be justified, it can set aside the conviction of the High Court, acquit the accused person, or reduce the sentence.
Q: Can an appeal be filed against an acquittal by the High Court?
A: No. Section 379 CrPC only applies to appeals against convictions, not acquittals.
