CrPC Section 348
⚖️ Section 348 CrPC – Appeals to the High Court from Sessions Court
📜 Text of Section 348:
"Where a person is convicted on a trial held by a Court of Session, he may appeal to the High Court against the conviction, the sentence, or both."
✅ Explanation in Simple Terms:
🔍 What Section 348 Means:
If a person is convicted by a Sessions Court (which is a higher court that tries serious criminal cases),
That person has the right to appeal to the High Court against:
The conviction (i.e., the decision that they are guilty),
The sentence (i.e., the punishment imposed),
Or both conviction and sentence.
This section provides a legal avenue for review by a higher judicial authority (the High Court).
🔹 Key Points:
Who can appeal?
The accused person who has been convicted.
From where to where?
From the Sessions Court to the High Court.
What can be appealed?
The conviction,
The sentence,
Or both.
Purpose:
To give the convicted person a chance to seek redress or correction of any error in the Sessions Court’s judgment.
🧠 Purpose of Section 348:
To ensure justice by allowing higher judicial scrutiny of serious criminal cases.
To give an opportunity to challenge wrongful convictions or excessive sentences.
To uphold the principle of checks and balances within the criminal justice system.
📝 Illustration:
Suppose:
A Sessions Court convicts a person of a serious offence and sentences them to 10 years imprisonment.
The convicted person feels the conviction was wrong or the sentence too harsh.
They file an appeal to the High Court under Section 348.
The High Court reviews the evidence and may confirm, reduce, enhance, or reverse the conviction or sentence.
📌 Important Notes:
Appeals to the High Court are generally heard by a single judge or a division bench, depending on the case.
The High Court has broad powers to confirm, modify, or reverse the trial court’s decision.
There are time limits and procedural requirements for filing appeals.
🔗 Related Sections:
Section 374 CrPC: Appeal from Magistrate court to Sessions Court.
Section 375 CrPC: Powers of appellate court.
Section 377 CrPC: Appeal from Sessions Court to High Court (general provision).
Section 482 CrPC: Inherent powers of the High Court to ensure justice.
✅ Summary Table:
| Element | Explanation |
|---|---|
| Who can appeal? | Person convicted by Sessions Court |
| Appeal to | High Court |
| What can be appealed? | Conviction, sentence, or both |
| Purpose | Provide higher judicial review and correction of errors |
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