CrPC Section 377: Appeal by State Government Against Sentence
This section deals with the right of the State Government to appeal against a sentence awarded by a court in a criminal case.
1. The Code
Section 377 of the Code of Criminal Procedure, 1973 states:
“Where any person has been convicted of an offence and sentenced to death, or imprisonment for life, or for a term of imprisonment exceeding two years, the State Government may appeal against the sentence on the ground that it is inadequate.”
2. Explanation
- The State Government has the right to appeal against the sentence if it believes the sentence is too lenient and does not reflect the gravity of the offence.
- This right is only available in cases where the convicted person has been sentenced to death, imprisonment for life, or imprisonment exceeding two years.
- The appeal can only be made on the ground that the sentence is inadequate.
- The appeal is filed in the High Court, which has the power to enhance the sentence.
3. Illustration
Imagine a case where a person is convicted of murder and sentenced to seven years imprisonment. The State Government believes this sentence is too lenient given the gravity of the offence. In this scenario, the State Government can file an appeal under Section 377, arguing that the sentence should be increased.
4. Common Questions and Answers
Q: Can the State Government appeal against a sentence of less than two years?
A: No, this right is only available for sentences of two years or more.
Q: Can the State Government appeal against the conviction itself, not just the sentence?
A: No, the appeal under Section 377 is specifically limited to the sentence.
Q: Can the accused also appeal against the sentence?
A: Yes, the accused can appeal against the sentence under other sections of the CrPC.
