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

Appeal

It not defined anywhere in criminal procedure code. It is a kind of review procedure.

It has the following two aspects-

  1. Challenging the decision of lower court by the aggrieved party to the superior court.
  2. 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-

  1. There must be a decision of the lower court.
  2. Such a decision may be either judgment or an appellable order.
  3. There must be an aggrieved party to such a decision.
  4. There must be a reviewing authority which is superior in the hierarchy and competent to hear that appeal.

Requirements/ Forms of appeal-

  1. 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.
  2. A memorandum of appeal shall be accompanied by a copy of judgment or order of the lower court.

Nature and Scope of Appeal-

  1. The right of appeal is a statutory right.
  2. The right of appeal is neither natural nor inherent.
  3. 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.
  4. The right of appeal is a substantive right and not just a mere procedure.
  5. 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.
  6. The right of appeal shall be on abeyance i.e, on waiting.
  7. An appeal is considered to be the continuation of the trial.
  8. The appellant court can correct the mistake committed by the lower court. Hence, It is also known as the court of errors.
  9. 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.
  10. 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 –

  1. Statutory Appeal
  2. Appeal under constitution

There are 4 types of statutory appeal. They are as follows-

  1. Appeal by Convict under Section 374.
  2. 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.
  3. Appeal by the victim under Section 372.
  4. Appeal in special circumstances under section 380.

There are two types of appeal under the constitution of India. They are as follows-

  1. Appeal under Article 134 of the constitution. It provides the appellant jurisdiction of the supreme court with regard to criminal cases.
  2. Appeal by way of special leave petition.

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