Section 381 CrPC: Appeal to Court of Session – Procedure and Hearing

This section outlines the procedure for appealing a judgment or order of a Magistrate to the Court of Session.

1. State the Code:

Section 381 of the Code of Criminal Procedure, 1973

2. Explanation:

This section governs the process of appealing against a decision of a Magistrate’s Court to the Court of Session. It outlines the following:

• Who can appeal: Any person aggrieved by the judgment or order of a Magistrate can file an appeal.
• Time limit: The appeal must be filed within 90 days from the date of the judgment or order.
• Procedure:
  • The appellant must file an appeal memo with the Court of Session.
  • The appeal memo must state the grounds of appeal.
  • The Court of Session will issue notice to the respondent.
  • The respondent will have an opportunity to file a written statement.
• Hearing:
  • The Court of Session will hear the appeal based on the evidence presented by both parties.
  • The Court can confirm, modify, or set aside the judgment or order of the Magistrate.

3. Illustration:

Suppose a person is convicted of theft by a Magistrate’s Court and sentenced to imprisonment. The convicted person believes the judgment is incorrect and wants to appeal. In this case, they can file an appeal to the Court of Session under Section 381 CrPC. They will need to file an appeal memo within 90 days of the judgment, outlining their grounds for appeal. The Court of Session will then hear the appeal and can decide to uphold, modify, or overturn the Magistrate’s decision.

4. Common Questions & Answers:

Q: Who can appeal to the Court of Session under Section 381 CrPC?

A: Any person aggrieved by a judgment or order of a Magistrate can appeal. This includes the convicted person, the victim, or any other party involved in the case.

Q: What is the time limit for filing an appeal under Section 381 CrPC?

A: The appeal must be filed within 90 days from the date of the judgment or order of the Magistrate.

Q: What are the grounds for an appeal under Section 381 CrPC?

A: The grounds for appeal can include any errors of law or fact made by the Magistrate. Some common grounds include:

• • Incorrect application of the law.
  • Insufficient evidence to support the conviction.
  • Procedural irregularities.

Q: What are the powers of the Court of Session in hearing an appeal under Section 381 CrPC?

A: The Court of Session has the power to:

• • Confirm the judgment or order of the Magistrate.
  • Modify the judgment or order of the Magistrate.
  • Set aside the judgment or order of the Magistrate.