Section 372 CrPC: No Appeal Unless Otherwise Provided – Code of Criminal Procedure
1. State the code:
Section 372 of the Code of Criminal Procedure, 1973 states:
“No appeal shall lie from any order made by a Magistrate or Court under this Code, except as provided in this Code.”
2. Explain it:
This section essentially limits the right to appeal in criminal cases in India. It establishes a general principle that no appeal is permissible from an order passed by a Magistrate or Court under the CrPC, unless specifically provided for by the code itself.
3. Illustrate it:
Consider a case where a Magistrate dismisses a complaint filed under Section 156(3) CrPC. The accused in this case cannot appeal against this dismissal order unless Section 372 explicitly allows for such an appeal. Similarly, an accused cannot appeal against a Magistrate’s order granting bail under Section 439 CrPC, unless the CrPC provides for an appeal in such cases.
4. Common Question and Answers:
Q: Does this section mean that there are no appeals possible in any criminal case?
A: No. While Section 372 restricts appeals in general, the CrPC provides for appeals in specific cases. For example, appeals are allowed against conviction or acquittal in a trial, against orders regarding sentence, etc.
Q: How do I know if an appeal is possible against a particular order?
A: You need to carefully read the CrPC and check if it specifically allows an appeal against that order. You may also consult with a lawyer who specializes in criminal law.
