Chapter 31 of the Code of Criminal Procedure, 1898, outlines the legal framework governing appeals in criminal cases. This chapter specifies the courts authorized to hear appeals, the grounds for appeal, and procedural requirements. Key provisions include the right to appeal against sentences or orders, exceptions where no appeal lies, and the powers of appellate courts to dispose of cases. The chapter ensures a mechanism for reviewing judicial decisions, safeguarding the rights of individuals within the justice system.
Multiple-Choice Questions (MCQs)
- Under which section is the general provision for appeals provided?
- (a) Section 408
- (b) Section 404
- (c) Section 411-A
- (d) Section 423
Answer: (b) Section 404
- Who can appeal against a sentence passed by a Court of Session?
- (a) Public Prosecutor only
- (b) Accused
- (c) Complainant
- (d) Both (b) and (c)
Answer: (d) Both (b) and (c)
- Which section specifies the appeal procedure from a sentence by an Assistant Sessions Judge?
- (a) Section 408
- (b) Section 412
- (c) Section 423
- (d) Section 426
Answer: (a) Section 408
- Under which section can an appeal be made against an acquittal?
- (a) Section 417
- (b) Section 418
- (c) Section 411
- (d) Section 426
Answer: (a) Section 417
- When is no appeal allowed against a conviction?
- (a) When the accused pleads guilty and is convicted on that plea
- (b) When the sentence is less than one month
- (c) For petty offenses with a fine under Rs. 500
- (d) All of the above
Answer: (d) All of the above (Section 412 and 413)
- Which section outlines the powers of appellate courts to dispose of appeals?
- (a) Section 423
- (b) Section 426
- (c) Section 430
- (d) Section 421
Answer: (a) Section 423
- What is the procedure for summary dismissal of an appeal?
- (a) Section 421
- (b) Section 417
- (c) Section 411
- (d) Section 430
Answer: (a) Section 421
- What happens if appellate judges are equally divided in their opinion?
- (a) The appeal is dismissed.
- (b) A third judge is appointed to decide.
- (c) The judgment of the lower court is upheld.
- (d) A retrial is ordered.
Answer: (b) A third judge is appointed to decide (Section 429).
- What is the effect of final orders on appeal as per Section 430?
- (a) They are binding only on lower courts.
- (b) They are considered final and binding.
- (c) They may be further appealed without restriction.
- (d) They are not enforceable.
Answer: (b) They are considered final and binding.
- Under which section can appellate courts suspend a sentence pending appeal?
- (a) Section 428
- (b) Section 426
- (c) Section 421
- (d) Section 412
Answer: (b) Section 426