CrPC Section 351: Appeals Against Convictions Under Sections 344, 345, 349, and 350
Code:
Section 351 of the Code of Criminal Procedure, 1973 (CrPC) deals with appeals against convictions under Sections 344, 345, 349, and 350 of the CrPC.
Explanation:
- Sections 344, 345, 349, and 350 of CrPC relate to offences committed by public servants while exercising their powers. These sections deal with wrongful confinement, assault, wrongful seizure, and extortion by public servants, respectively.
- Section 351 grants the right to appeal against convictions under these sections to both the accused and the prosecution.
- The appeal lies to the Court of Session (if the conviction is by a Magistrate) or to the High Court (if the conviction is by the Court of Session).
- The appeal can be made on grounds of the conviction being wrong in law or on facts, or on the sentence being excessive.
Illustration:
Imagine a police officer wrongfully arrests and confines a person without any legal justification. The person is convicted by a Magistrate under Section 344 of CrPC. The person can then appeal against this conviction under Section 351 to the Court of Session, challenging the conviction based on the lack of evidence or the magistrate’s incorrect interpretation of the law.
Common Questions and Answers:
Q: Who can appeal under Section 351?
A: Both the accused and the prosecution can appeal.
Q: What are the grounds for appeal?
A: The grounds are the same as for other criminal appeals, such as the conviction being wrong in law or on facts, or the sentence being excessive.
A: The appeal lies to the Court of Session (if the conviction is by a Magistrate) or to the High Court (if the conviction is by the Court of Session).
