A criminal appeal is a legal remedy available to a convicted person who seeks to challenge a lower court’s judgment. When a person is dissatisfied with a trial court’s verdict, they have the right to approach the High Court for justice. In India, criminal appeals are governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (formerly Code of Criminal Procedure, 1973), Bharatiya Nyaya Sanhita 2023 (Formerly Indian Penal Code (IPC), 1860), and other relevant laws. This article explains the circumstances under which an appeal can be filed, the legal provisions that apply, and the process of appealing to the High Court.
Understanding Criminal Appeals in India
A criminal appeal is a legal right that allows a convicted person to seek redress from a higher judicial authority. The High Court has appellate jurisdiction over lower court verdicts and can review, modify, or overturn a judgment based on legal grounds.
Key Provisions Governing Criminal Appeals
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (formerly CrPC)
- Section 415(2) – Appeals against convictions by Sessions Court can be filed in the High Court.
- Section 418 – Appeal by the State Government for enhancement of a sentence.
- Section 419 – Appeal against acquittal by the State Government or victim.
- Section 528 – Inherent powers of the High Court to prevent abuse of the legal process.
- Bharatiya Nyaya Sanhita (BNS), 2023
- Defines offenses for which appeals may be filed, such as murder (Section 103), rape (Section 64), fraud (Section 318), and cheating (Section 318).
- Constitution of India
- Article 226 – Provides writ jurisdiction to the High Court.
- Article 136 – Grants the Supreme Court special leave to appeal against High Court judgments.
When to Approach the High Court for a Criminal Appeal?
A criminal appeal to the High Court can be filed under the following circumstances:
1. Appeal Against Conviction
If an accused is convicted by a Sessions Court, they have the right to appeal to the High Court under Section 146 BNSS.
- Example: A person convicted for murder (Section 41 BNS) or theft (Section 104 BNS) by the Sessions Court can challenge the verdict in the High Court.
2. Appeal Against Acquittal
If the trial court acquits the accused, the State Government or the victim can challenge the acquittal under Section 419 BNSS.
- Example: If a Sessions Court acquits an accused in a rape case (Section 64 IPC), the victim or the state can appeal to the High Court.
3. Appeal for Sentence Enhancement
The State Government can appeal for a stricter sentence under Section 418 BNSS if the punishment awarded is inadequate.
- Example: A convict sentenced to three years in a fraud case (Section 318 IPC) may face an appeal by the prosecution for a stricter punishment.
4. Appeal Against Wrongful Conviction or Harsh Sentence
If a lower court wrongfully convicts an individual or imposes an excessive sentence, the accused can challenge the judgment in the High Court.
5. High Court’s Inherent Powers Under Section 528 BNSS
The High Court has inherent powers to quash an FIR, case proceedings, or wrongful convictions if there is an abuse of the legal process.
The Process of Filing a Criminal Appeal in High Court
The process of filing an appeal to the High Court involves several legal steps:
Step 1: Hiring a Criminal Lawyer
- It is essential to consult criminal lawyers in Chandigarh or high court lawyers in Chandigarh to draft the appeal.
Step 2: Drafting and Filing the Appeal
- The appeal petition should include:
- Grounds of appeal (errors in judgment)
- Legal provisions violated
- Evidence supporting the case
Step 3: Notice to Opposite Party
- The High Court issues a notice to the State Government or the respondent to file their response.
Step 4: Review of Trial Court Records
- The High Court examines witness testimonies, forensic reports, and legal arguments from the lower court.
Step 5: Arguments and Final Hearing
- Both parties present arguments, and the High Court delivers its verdict.
Grounds for Filing a Criminal Appeal in High Court
A criminal appeal is filed if there are substantial legal grounds, such as:
1. Misinterpretation of Law
- If the trial court has misapplied legal principles, the High Court can correct the judgment.
2. Violation of Fundamental Rights
- If the trial violated Articles 14, 19, or 21 of the Constitution, an appeal can be made.
3. Improper Admission or Rejection of Evidence
- If the trial court wrongfully admitted or excluded crucial evidence, it forms a valid ground for appeal.
4. Procedural Irregularities
- Violation of BNSS procedures can lead to an appeal.
5. Erroneous Conviction
- If the conviction is based on insufficient evidence, the accused can challenge it in the High Court.
What Happens After Filing a Criminal Appeal?
1. Suspension of Sentence (Bail)
- The High Court may grant bail to the appellant until the appeal is decided.
2. Re-hearing of Case
- The High Court re-examines evidence, witnesses, and legal arguments.
3. Possible Outcomes
The High Court may:
- Uphold the conviction (No change in judgment).
- Reduce the sentence (Lesser punishment).
- Acquit the accused (Case dismissed).
- Order a retrial (Fresh trial in lower court).
FAQs on Criminal Appeals in Chandigarh
- Can I file an appeal in the High Court if I am convicted by a Sessions Court?
Yes, under Section 455 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a person convicted by a Sessions Court has the right to file an appeal in the High Court to challenge the verdict. - How long does it take for a criminal appeal to be decided in the High Court?
The time taken for a criminal appeal varies based on case complexity, availability of evidence, and legal arguments. On average, an appeal can take anywhere between six months to two years or longer, depending on court proceedings. - Can the High Court increase my sentence during an appeal?
Yes, if the State Government or the complainant files an appeal under Section 464 BNSS seeking enhancement of the sentence, the High Court has the power to increase the punishment if deemed necessary. - What are my options if my criminal appeal is dismissed by the High Court?
If the High Court dismisses your appeal, you may approach the Supreme Court of India by filing a Special Leave Petition (SLP) under Article 136 of the Constitution, requesting the apex court to review the decision. - How much does it cost to file a criminal appeal in the High Court?
The cost of filing a criminal appeal depends on various factors, including the complexity of the case, legal fees of the advocates, court charges, and documentation expenses. Criminal lawyers in Chandigarh and Punjab and Haryana High Court lawyers generally determine their fees based on the severity of the case and legal representation required.