Under the concept of the review procedure, a judicial decision either judgment or an order can be reviewed by a superior authority on an application.
Following are the kinds of review procedure prescribed by crpc, 1973 –
- Appeal, Section 372-394
- Reference, Section 395- 396
- Revision, Section 397-405
It not defined anywhere in criminal procedure code. It is a kind of review procedure.
It has the following two aspects-
- Challenging the decision of lower court by the aggrieved party to the superior court.
- The act of review by the court.
It is a kind of review procedure that involves a challenge against the decision of the lower court before a superior court by the aggrieved party for the re-examination of the decision.
Elements of appeal-
- There must be a decision of the lower court.
- Such a decision may be either judgment or an appellable order.
- There must be an aggrieved party to such a decision.
- There must be a reviewing authority which is superior in the hierarchy and competent to hear that appeal.
Requirements/ Forms of appeal-
- An appeal shall be presented in the form of a petition section 382, crpc . But the most practical way of presenting an appeal is a memorandum.
- A memorandum of appeal shall be accompanied by a copy of judgment or order of the lower court.
Nature and Scope of Appeal-
- The right of appeal is a statutory right.
- The right of appeal is neither natural nor inherent.
- The right of appeal is a statutory right which means that no appeal lies except and otherwise provided by the crpc or any other law for the time being in force.
- The right of appeal is a substantive right and not just a mere procedure.
- The right of appeal accrues from the date of filing the litigation in the lower court but can be exercised only after the delivery of judgment.
- The right of appeal shall be on abeyance i.e, on waiting.
- An appeal is considered to be the continuation of the trial.
- The appellant court can correct the mistake committed by the lower court. Hence, It is also known as the court of errors.
- The power of the appellant court in correcting the mistakes of the lower court shall be in respect of both the substantive and procedural mistakes.
- Generally, an appeal lies before the lower court, on the grounds of mistakes of fact but a further appeal before a high court or a supreme court shall be applicable only on the question of law or a mixed question of law and facts.
Kinds of Appeal –
- Statutory Appeal
- Appeal under constitution
There are 4 types of statutory appeal. They are as follows-
- Appeal by Convict under Section 374.
- Appeal by the state – It has two types of appeal, Appeal against acquittal under Section 378 and Appeal against the inadequacy of sentence under section 377.
- Appeal by the victim under Section 372.
- Appeal in special circumstances under section 380.
There are two types of appeal under the constitution of India. They are as follows-
- Appeal under Article 134 of the constitution. It provides the appellant jurisdiction of the supreme court with regard to criminal cases.
- Appeal by way of special leave petition.
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