• CrPC 375 appeal in Supreme Court

375. No Appeal in certain cases when accused pleads guilty.
(b) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, except as to the extent or legality of the sentence.

My question is that if an accused pleaded guilty and convicted by session court, can he appeal upto supreme Court for extent or legality of the sentence? (Or appeal is only limited to highcourt)? 
Tell me the procedure upto supreme Court.
Asked 1 year ago in Criminal Law
Religion: Hindu

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15 Answers

No appeal shall lie if the defendant enters a plea of guilty before the high court and the court records such a plea and finds the defendant guilty. If the defendant enters a guilty plea in a lower court, an appeal of the sentence may be made to the high court.

2)on the basis of the judgment passed by Delhi High Court in the case of Govindraj and Sikkim High Court in the case of Pushpa Kumar, it can be safely assumed that Section 375 CrPC does not come in the way to assail an order of conviction, if it is established that the plea of guilt was vitiated by some relevant factor or that the ingredients of alleged offences were not satisfied by the case of prosecution, for which order of conviction was recorded.

Ajay Sethi
Advocate, Mumbai
97518 Answers
7883 Consultations

A plea of guilt results in an automatic conviction; there is no right of appeal.

 

There is a right to appeal a sentence based on: 

  1. The totality of the punishment.
  2. The sentencing process was followed per the law.

Ajay Sethi
Advocate, Mumbai
97518 Answers
7883 Consultations

In case of accused plead guilty then no appesl lies and it is revision in session court that too on technical legal point thereafter criminal writ in high cout and finally to supreme court through special leave petition in Supreme Court.

Siddharth Srivastava
Advocate, Delhi
1455 Answers

It is necessary to peruse HC order to advice 

Ajay Sethi
Advocate, Mumbai
97518 Answers
7883 Consultations

You can file an SLP in the said matter before SC

Prashant Nayak
Advocate, Mumbai
32876 Answers
209 Consultations

There is no provision for filing appeal to SC 

Ajay Sethi
Advocate, Mumbai
97518 Answers
7883 Consultations

Yes only in ground of sentence no other ground

Prashant Nayak
Advocate, Mumbai
32876 Answers
209 Consultations

In Supreme Court it is special leave petition which shall be required to be filed. 

Siddharth Srivastava
Advocate, Delhi
1455 Answers

Section 375 CrPC- Certain guilty pleas are non-appealable

In accordance with Article 134(2) of the Indian Constitution, the legislature also passed the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, which gives the Supreme Court the authority to hear appeals from the high court in certain cases.

The Code of Criminal Procedure of 1973 prescribes that verdicts and orders cannot be appealed except in certain situations. This demonstrates the critical status of appeals.

A criminal defendant can file an appeal with the Supreme Court, a high court, or a sessions court, depending on the nature of the case. According to the Supreme Court’s decision in Arun Kumar v. State of Uttar Pradesh (1989), the Allahabad High Court was right to overturn the Sessions Judge’s acquittal and convict the appellants if it determined that the Sessions Judge’s position was clearly erroneous and even contributed to a miscarriage of justice.

However your case is that the accused pleaded guilty in the trial court and he was convicted for the offence.

  • A plea of guilt results in an automatic conviction; there is no right of appeal.

 

T Kalaiselvan
Advocate, Vellore
87719 Answers
2356 Consultations

A person who has been found guilty at trial may, with the approval of the Court of Appeal, make a second or subsequent appeal. An individual seeking permission to appeal must convince the court that new and persuasive evidence exists and should be taken into account. If the court believes there was a significant miscarriage of justice, it may hear a new appeal, overturn the conviction, and either substitute a judgement of acquittal or order a new trial.

  • High Court orders of conviction issued while exercising original criminal jurisdiction have the right to be appealed to the Supreme Court.

Since it is the country’s highest court of appeals, the Supreme Court has the ultimate discretion and plenary power in all appeals. The Supreme Court’s authority is principally determined by the provisions of the Indian Constitution and the Supreme Court (Enlargement of Criminal Appellate Jurisdiction), 1970. If the high court overturns an acquittal ruling and sentences the defendant to life in prison, 10 years in jail, or death, the defendant has the right to appeal to the Supreme Court. Article 134(1) of the Indian Constitution establishes the same law under the appellate jurisdiction of the Supreme Court, recognising the importance of a criminal appeal being brought to that court. In accordance with Article 134(2) of the Indian Constitution, the legislature also passed the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, which gives the Supreme Court the authority to hear appeals from the high court in certain cases.

T Kalaiselvan
Advocate, Vellore
87719 Answers
2356 Consultations

High Court orders of conviction issued while exercising original criminal jurisdiction have the right to be appealed to the Supreme Court.

If the Court of Session or the Additional Court of Session imposes a sentence of more than seven years in prison, the defendant may appeal the decision to the High Court.

There is no right to appeal a conviction where the defendant has made a guilty plea and been found guilty on the basis of that plea.

 

T Kalaiselvan
Advocate, Vellore
87719 Answers
2356 Consultations

Section 375 CrPC- Certain guilty pleas are non-appealable

No appeal shall lie if the defendant enters a plea of guilty before the high court and the court records such a plea and finds the defendant guilty.

If the defendant enters a guilty plea in a lower court, an appeal of the sentence may be made to the high court.

There is a right to appeal a sentence based on: 

  1. The totality of the punishment.
  2. The sentencing process was followed per the law.

T Kalaiselvan
Advocate, Vellore
87719 Answers
2356 Consultations

There is hierarchy of Courts. First approach High Court and after you can file SLP in SC against the  order of High Court.

Ravi Shinde
Advocate, Hyderabad
4425 Answers
42 Consultations

If the defendant enters a guilty plea in a lower court, an appeal of the sentence may be made to the high court. Against rejection by HC, appeal in SC.

If pleased guilty before HC than no appeal.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
23012 Answers
31 Consultations

Dear client,  

As per Section 375(b) of the Code of Criminal Procedure, an accused who pleads guilty and is convicted by a Court of Session, Metropolitan Magistrate, or Magistrate of the first or second class can appeal to the High Court only as to the extent or legality of the sentence. The appeal is not available to challenge the conviction itself.

If the High Court rejects the appeal or does not give a favorable decision on the extent or legality of the sentence, the accused may file a Special Leave Petition (SLP) in the Supreme Court of India within 90 days of the High Court's decision. However, the Supreme Court has the discretion to accept or reject the SLP.

If the accused wishes to file an appeal on the ground of illegality in conviction or sentence, then they would have to file an appeal to the High Court under Section 374 of the Code of Criminal Procedure, and then if the High Court rejects the appeal or does not give a favorable decision, the accused may file an SLP in the Supreme Court within 90 days of the High Court's decision.

In summary, an accused who pleads guilty and is convicted by a Court of Session, Metropolitan Magistrate, or Magistrate of the first or second class can only appeal to the High Court on the ground of the extent or legality of the sentence. If the High Court rejects the appeal or does not give a favorable decision, the accused may file an SLP in the Supreme Court within 90 days of the High Court's decision. However, if the accused wants to challenge the conviction itself, then they would have to file an appeal under Section 374 to the High Court first.

Anik Miu
Advocate, Bangalore
10392 Answers
121 Consultations

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