An appeal is a vital legal remedy that allows a party aggrieved by a court’s decision to seek review from a higher court. It ensures justice by enabling correction of errors in judicial proceedings. In both civil and criminal law, appeals are governed by procedural codes and are foundational to the structure of a fair legal system.
What is an Appeal?
- An appeal is a legal process in which a higher court is requested to review and change the decision of a lower court.
- It is not a right by default, but a statutory right granted under specific provisions of law.
Legal Provisions Governing Appeal
Criminal Law
- Governed by Chapter XXIX (Sections 372 to 394) of the Criminal Procedure Code, 1973 (CrPC).
- Section 372: No appeal unless expressly provided by the law.
- Section 374: Appeals from convictions.
- Section 378: Appeals in case of acquittal.
- Section 389: Suspension of sentence pending appeal.
Civil Law
- Governed by Sections 96 to 112 and Order XLI to XLV of the Civil Procedure Code, 1908 (CPC).
- Section 96: Appeal from original decree.
- Section 100: Second appeal.
- Section 109: Appeal to Supreme Court.
Types of Appeals
In Criminal Law
- Appeal against conviction
- Appeal against acquittal
- Appeal for enhancement of sentence
- Appeal by the victim (with leave of court)
In Civil Law
- First Appeal – Against a decree passed by a subordinate court.
- Second Appeal – On substantial questions of law.
- Appeal to the Supreme Court – On constitutional or substantial legal grounds.
Procedure for Filing an Appeal
- Drafting the Memorandum of Appeal – Clearly stating grounds of challenge.
- Filing within Limitation Period – Generally, 30 to 90 days, depending on the statute.
- Payment of Court Fees – As prescribed.
- Submission to Appellate Court – With certified copies of the impugned judgment/decree.
- Notice to Opposing Party – Giving them opportunity to respond.
- Hearing and Final Judgment – The appellate court may reverse, modify, or uphold the decision.
Powers of Appellate Court
- Confirm the decision of the lower court.
- Reverse or modify the decision.
- Remand the case for fresh trial.
- Frame new issues or questions of law.
- Take additional evidence (with reasons).
Key Points to Remember
- Appeal is a statutory right and not inherent.
- Revision and review are different from appeal.
- Appeals must be based on law or fact, and mere dissatisfaction is not a ground.
- The Supreme Court has discretionary power to hear appeals under Article 136 of the Constitution.
Landmark Case Laws
K. Anbazhagan v. State of Karnataka, (2015)
- Reinforced that an appeal is a continuation of the original proceeding, not a new case.
Hari Shankar v. Rao Girdhari Lal, AIR 1963 SC 698
- Laid down principles on scope and power of appellate courts.
Importance of Appeal in Justice Delivery
- Rectifies errors and injustices.
- Ensures judicial accountability.
- Provides a hierarchical check in the legal system.
- Protects legal and constitutional rights of litigants.