Introduction

An appeal in a criminal case is a legal remedy that allows a person to challenge a judgment, conviction, sentence, acquittal, or other appealable order before a higher court. The appellate court reviews the decision of the lower court to determine whether any legal or factual error has occurred.

The right to appeal is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and other applicable laws. However, appeals can only be filed in situations permitted by law.

This guide explains the criminal appeal process in India, who can file an appeal, the procedure, required documents, limitation, and important legal considerations.

What is a Criminal Appeal?

A criminal appeal is a legal proceeding in which a higher court reviews the decision of a lower criminal court.

The appellate court may examine:

  • Findings of the trial court.

  • Evidence on record.

  • Application of law.

  • Sentence imposed.

  • Procedural irregularities.

  • Other legal issues raised by the parties.

Who Can File a Criminal Appeal?

Subject to the applicable law, a criminal appeal may generally be filed by:

  • A convicted person.

  • The prosecution or State.

  • The complainant (in certain cases).

  • The victim, where permitted by law.

  • Any other person entitled under the applicable legal provisions.

When Can a Criminal Appeal Be Filed?

A criminal appeal may be filed against:

  • Conviction.

  • Sentence.

  • Acquittal (where permitted).

  • Certain appealable orders.

  • Orders specifically made appealable by law.

Not every order passed by a criminal court is appealable.

Which Court Hears the Appeal?

The appellate court depends on:

  • The court that passed the original judgment.

  • Nature of the offence.

  • Applicable legal provisions.

  • Jurisdiction of the courts.

Depending on the case, appeals may lie before:

  • Sessions Court.

  • High Court.

  • Supreme Court of India.

Step-by-Step Appeal Process

Step 1: Obtain the Certified Copy of the Judgment

The appellant should obtain a certified copy of the judgment or order proposed to be challenged.

Step 2: Consult a Criminal Lawyer

A qualified criminal lawyer can examine:

  • The trial court's judgment.

  • Available legal grounds.

  • Limitation period.

  • Chances of success.

  • Appropriate appellate forum.

Step 3: Prepare the Appeal

The appeal generally includes:

  • Facts of the case.

  • Grounds of appeal.

  • Legal arguments.

  • Relief sought.

  • Supporting documents.

Step 4: File the Appeal Before the Competent Court

The appeal is filed before the appropriate appellate court along with the prescribed documents and applicable court fees, if any.

Step 5: Admission of Appeal

The appellate court examines whether the appeal is maintainable and may admit the appeal for hearing if the legal requirements are satisfied.

Step 6: Notice to the Opposite Party

After admission, the appellate court may issue notice to the prosecution or the opposite party, as required by law.

Step 7: Hearing of the Appeal

Both parties present their legal arguments.

The appellate court considers:

  • Trial court records.

  • Evidence.

  • Legal submissions.

  • Applicable law.

  • Grounds raised in the appeal.

Step 8: Final Judgment

After hearing the parties, the appellate court may:

  • Dismiss the appeal.

  • Allow the appeal.

  • Confirm the conviction.

  • Set aside the conviction.

  • Modify the sentence.

  • Order a retrial or pass any other order permitted by law.

Documents Generally Required

Depending on the case, the following documents may be required:

  • Certified copy of the judgment.

  • Appeal petition.

  • Memorandum of appeal.

  • Identity proof (where required).

  • Relevant court records.

  • Supporting documents.

  • Vakalatnama (where applicable).

  • Other documents required by the appellate court.

Time Limit for Filing an Appeal

Criminal appeals are generally subject to statutory limitation periods.

The applicable time limit depends on:

  • Nature of the case.

  • Type of order challenged.

  • Applicable legal provisions.

If an appeal is filed after the prescribed limitation period, the appellant may need to seek condonation of delay, where permissible by law.

RightToLaw Team
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RightToLaw Team

Legal Research Team

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Frequently Asked Questions

A criminal appeal is a legal proceeding in which a higher court reviews the judgment or order of a lower criminal court.

Depending on the applicable law, a convicted person, the State, the complainant, the victim, or another legally entitled person may file an appeal.

No. Only orders that are appealable under the applicable law can generally be challenged through an appeal.

Depending on the case, criminal appeals may be heard by the Sessions Court, High Court, or the Supreme Court of India.

Yes. A certified copy of the judgment or order is generally required while filing an appeal.

Yes. Criminal appeals are generally subject to statutory limitation periods prescribed by law.

Yes. Subject to the applicable law, the appellate court may confirm, modify, reduce, enhance (where legally permissible after following due process), or set aside the sentence.

Yes. In certain cases and subject to the applicable legal provisions, an appeal may be filed against an order of acquittal.

Additional evidence may be permitted in limited circumstances where the law allows and the appellate court considers it necessary.

Criminal appeals are primarily governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, along with other applicable laws and judicial procedures.