CrPC Section 372 - No Appeal To Lie Unless Otherwise Provided

India's Code of Criminal Procedure (CrPC) is a comprehensive statute that helps guide the criminal justice system. Section 372 of the CrPC plays a significant role in deciding appeals in criminal cases. It clearly says there shall be no appeal except by law, which makes it explicit in the criminal justice system.

This article discusses CrPC Section 372 and its importance in the Indian legal setup. It will discuss the section's essence, how recent amendments have shaped its application, judicial interpretations, and case laws. The article will also explain victims' rights and the reason for appeals.

What Is Section 372 Of The CrPC?

Section 372 Of The CrPC reads:

“No appeal shall lie from any judgment or order of a criminal court except as provided for by this Code or by any other law for the time being in force.”

Code of Criminal Procedure (CrPC) is the procedure to be followed in criminal cases in the Indian criminal justice system. The right to appeal against a judgment or order is one of the key elements of the criminal justice process. CrPC Section 372 imposes a general limitation on this right: ‘no appeal shall lie unless otherwise provided in this Code or other law’.

In other words, every convicted person has no automatic right to appeal the conviction or sentence, unless and until a particular provision of CrPC or some other statute expressly makes it so.

Section 372 is important because it attempts to reduce the number of frivolous or unnecessary appeals to promote judicial efficiency. This falls within the general principle that an appeal is the creature of a statute, and as such, it cannot be claimed as a right unless expressly authorized by the law.

Appeals In Criminal Procedure: An Overview

In legal terms, an appeal is an effort to obtain a higher court's review of the action of a lower court. According to the CrPC, the right of appeal is a limited right. Appeals can be for a conviction or sentence of the court, and the convicted person, prosecution, or, in some cases, the victim can appeal.

The right to appeal under section 372 is limited, but the subsequent sections, namely, sections 373 to 394, specify the circumstances under which an appeal is entertained.

Types Of Appeals Under CrPC Section 372

• Appeal from conviction (Section 374): A person who has already been convicted and is sentenced by a trial court can appeal his conviction and sentence to a higher - court.
• Appeal by the state (Section 377 & 378): The state has the right to appeal the sentence as inadequate or against acquittal.
• Appeal against an order of acquittal (Section 378): A lower court acquittal may be appealed against by the complainant or the state.
• No appeal in petty cases (Section 376): Appearances are generally not permitted in trivial cases.

However, under Section 372, an appeal lies unless one of these provisions or some other law makes provisions for an appeal.

Objective And Rationale Of Section 372

Section 372's main goal is to limit appeals to just those of great legal concern or miscarriage of justice. It prevents frivolous appeals from flooding the system in the kind of floodgates that are not wise either. The reason is that an appeal is not a right but a statutory privilege. By restricting the right to appeal, the law aims to:

• Conserve judicial resources: Appellate limits help to restrain an already overburdened judiciary.
• Encourage finality: There must be finality in judicial proceedings. Section 372 reiterates that a case should not beg endlessly for a hearing without reason.
• Discourage vexatious litigation: Section 372 ensures that only those complaints are appealable that are true so that parties do not file appeals to harass the opposite party.

Exception To Section 372: The Victim’s Right to Appeal

The most important amendment in connection with Section 372 is the provision of a right of appeal to the victim in 2009 when the amendment was brought through Article 421 of the CrPC Act 2008 (Amendment) Act 2008. According to this amendment, a victim can file an appeal against:

• An order of acquittal.
• Convicted of a lesser offence.
• We didn’t get adequate compensation.

The right this is is different than the right the state or the prosecution has additionally to appeal and is an important step in taking into account the part of a casualty in the criminal equity framework.

Who Is Considered A ‘Victim’?

According to Section 2(wa) of the CrPC, a victim is a person who has suffered any loss or injury because of any act or omission where the accused person is charged. It also includes the heir or guardian of the deceased victim.

Judicial Interpretation of Section 372

Several cases have been heard by the judiciary, which has interpreted Section 372 as limiting appeals to cases specifically permitted under the CrPC or any other law that puts the matter into litigation. Some of the notable judicial pronouncements are given below:

The Case of Subhash Chand v. State of Rajasthan

In this historical case, the Supreme Court observed that an appeal under Section 372 Cr P C is available only when the statute specifically prescribes it. The court also made it clear that this provision should not be interpreted as allowing appeals even if the case is not mentioned in the code.

The Role of Section 372 in the Satya Pal Singh v. State of Madhya Pradesh Case

In this case, the Supreme Court clarified that the victim's right to appeal under the provision of Section 372 is different from the state's power to appeal. This decision strengthened the victim's right to speak in his or her judgment in the absence of the state or the prosecution.

The National Commission for Women v. State of Delhi Case

However, the case showed how important the right to appeal is for the victim, especially when the interests of the state do not coincide with the interests of the victim. The court clarified that the interpretative scheme of Section 372 should aim to preserve the victim's right while avoiding unnecessary extension of the appeal.

Distinguishing Appeals From Revision And Review

It is important to distinguish between appeals, revisions, and reviews, all of which serve different purposes within the criminal justice system:

Appeal: A way to get a more attractive legal remedy when a lower court has given a judgment in a different case and you want the higher court to consider it.

Revision: A power exercised by the higher court, when an appeal is made against it, to examine the legality or propriety of the lower court's judgment.

Review: A special remedy when the court finds that its judgment has been given wrongly and has to re-examine it under specified circumstances.

Section 372 deals with appeals, ensuring that no legal remedy other than the one provided in the statute is used to circumvent the structured appellate system.

Section 372 And The Limitation Period For Appeals

The limitation period applies to appeals filed in the CrPC. The general rules relating to limitation periods are laid down under the Limitation Act, of 1963, and the CrPC contains specific time limits for filing appeals in some cases. Failing to file an appeal in a given time ordinarily results in the dismissal with leave to appeal in exceptional circumstances.

Challenges And Criticisms Of Section 372

Section 372 is important in maintaining judicial efficiency, but not without controversy. Others say that sometimes a writ appeal cannot correct a judicial error. On the other hand, others believe that such a provision is too limited and people cannot seek redress even in such deserving cases.

The Victim’s Right to Appeal

Because of the victim’s right to appeal, it’s largely been viewed as a good thing, though it’s also been criticized as adding extra time to trials and imposing extra burdens on accused people. A problem critics note is that both the state and victim can appeal which is a dual mechanism for appeals that can extend the length of time of a criminal justice process.

CrPC Section 372 And BNSS Section 413

There exist two separate legal frameworks in criminal law that allow appeals under CrPC Section 372 and BNSS (Indian Civil Defence Code) Section 413. Though they are related in the appeal process in the two sections, they are separate functions and belong to separate legal systems.

Here is the comparison between CrPC Section 372 and BNSS Section 413:

Conclusion

Section 372 of the CrPC is important because it ensures a balance between justice and the multiple piles of criminal appeals in the higher criminal justice system. It is a tautological mix of restrictions on unwarranted appeals and placing a special right to appeal in the hands of victims under certain circumstances that balance the appeal process.

Yet as the legal environment changes, Section 372 will continue to be amended and interpreted by the courts so that it remains a useful instrument of justice.