Section 382 CrPC: Petition of Appeal – Code of Criminal Procedure – Explained

1. State the code

Section 382 of the Code of Criminal Procedure (CrPC) deals with the petition of appeal in criminal cases.

2. Explain it

This section outlines the procedure for filing an appeal against a judgment or order passed by a Magistrate or a Sessions Court. It details the following:

• Who can appeal: The person convicted by the lower court or the prosecution can file an appeal.
• Where to appeal: The appeal is filed in the higher court, such as the Sessions Court for appeals against a Magistrate’s judgment, and the High Court for appeals against a Sessions Court’s judgment.
• Time limit: There is a specific time limit for filing an appeal, which varies depending on the nature of the case and the court. This time limit is generally 90 days from the date of the judgment.
• Contents of the appeal: The appeal petition must include details of the case, the judgment appealed against, and the grounds on which the appeal is based.
• Procedure: The appeal petition is filed with the higher court along with supporting documents, and the court will then decide whether to hear the appeal.

3. Illustrate it

Let’s say someone is convicted by a Magistrate for theft. This person can file an appeal against the judgment in the Sessions Court. They must file the appeal within the specified time limit and state the grounds for their appeal. For instance, they might argue that the evidence presented against them was insufficient or that the Magistrate misapplied the law. The Sessions Court will then consider the appeal and decide whether to overturn or uphold the Magistrate’s judgment.

4. Common Questions and Answers

Q: Who can file an appeal under Section 382 CrPC?
A: Both the convicted person and the prosecution can file an appeal.

Q: What is the time limit for filing an appeal?
A: The time limit is generally 90 days from the date of the judgment. However, this can vary depending on the nature of the case and the court.

Q: What should an appeal petition contain?
A: The appeal petition should include details of the case, the judgment appealed against, and the grounds for the appeal. Supporting documents must also be submitted with the petition.

Q: What happens after an appeal petition is filed?
A: The higher court will review the petition and decide whether to hear the appeal. If they decide to hear it, a date for the hearing will be set.