Section 380 CrPC: Special Right of Appeal in Certain Cases – Code of Criminal Procedure
1. Code:
Section 380 of the Code of Criminal Procedure, 1973 (CrPC) deals with the special right of appeal in certain cases.
2. Explanation:
This section outlines circumstances where an individual has a special right to appeal against a judgment or order even if they were not a party to the original proceedings.
It applies to cases where:
- A person is accused of an offense and the Magistrate, in the course of the inquiry or trial, has ordered that some property in the possession of that person be forfeited to the government. This right of appeal is granted to the accused person.
- A person claims to be the owner of property that has been forfeited to the government during an inquiry or trial. This right of appeal is granted to the claimant of the property.
- A person is convicted of an offense and the Magistrate orders that some property in the possession of that person be forfeited to the government. This right of appeal is granted to the convicted person.
This section allows individuals directly affected by the forfeiture of property to appeal against the order, even if they weren’t the original defendant in the case.
3. Illustration:
Let’s say someone is accused of possessing illegal drugs. During the trial, the Magistrate orders the forfeiture of the drugs to the government. This order can be appealed by:
- The accused person, who was ordered to forfeit the drugs.
- Someone who claims to be the rightful owner of the drugs and wants them back.
4. Common Questions and Answers:
Q: Who can appeal under Section 380 CrPC?
A: The accused person, the claimant of the forfeited property, or the convicted person, depending on the specific situation.
Q: What is the time limit for filing an appeal under this section?
A: The appeal must be filed within 30 days of the date of the order being passed.
Q: Where is the appeal filed?
A: The appeal is filed in the Court of Session or High Court, depending on the case.
Q: What happens if the appeal is successful?
A: If the appeal is successful, the Court may set aside the order of forfeiture, meaning the property will not be confiscated.
