Section 376 CrPC: No Appeal in Petty Cases
This section of the Code of Criminal Procedure (CrPC) deals with the limitations on appeals in certain minor offenses.
1. The Code
Section 376 CrPC states:
“No appeal shall lie from any judgment or order of a Magistrate convicting a person of an offense punishable with fine only, or with imprisonment for a term not exceeding six months, or with both, unless the Magistrate has, under Section 374 or Section 375, stated the reasons for his judgment or order.
2. Explanation
This section essentially bars appeals in cases where:
- The offense is punishable by fine only.
- The offense is punishable by imprisonment for a term not exceeding six months.
- The offense is punishable by both fine and imprisonment for a term not exceeding six months.
However, an appeal can be filed if the Magistrate has provided reasons for his judgment or order under Section 374 or 375, which deal with special situations where the Magistrate’s decision needs to be justified.
3. Illustration
Imagine a person is convicted by a Magistrate for an offense like petty theft, punishable with a fine of ₹1000. Under Section 376, the accused cannot appeal the Magistrate’s decision unless the Magistrate has provided reasons for his judgment under Section 374 or 375.
4. Common Questions and Answers
Q: What are the exceptions to this rule?
A: The only exceptions are when the Magistrate has provided reasons for his judgment or order under Section 374 or 375.
Q: What is the rationale behind this rule?
A: This rule is intended to reduce unnecessary litigation and expedite the disposal of minor cases.
Q: Can the accused file a revision petition instead of an appeal?
A: Yes, the accused can file a revision petition to a higher court challenging the Magistrate’s decision, even if Section 376 prevents an appeal. However, the revision petition must be based on grounds of legal error or miscarriage of justice.
