CrPC Section 374
⚖️ Section 374 CrPC – Appeal from Conviction by Magistrate or Additional Magistrate
📜 Text of Section 374:
"Subject to the limitations contained in this Code, any person convicted on a trial held by any Magistrate or any Court inferior to a Sessions Court may appeal to the Sessions Court against the conviction or sentence or both."
✅ Explanation in Simple Terms:
🔍 What Section 374 Means:
If a person is convicted by a Magistrate’s Court (which is any court below the Sessions Court),
That person has the right to appeal to the Sessions Court against:
The conviction (finding of guilt),
Or the sentence (punishment awarded),
Or both conviction and sentence.
This section provides a legal remedy for the convicted person to challenge the decision of the Magistrate’s Court.
🔹 Key Points:
Who can appeal?
The accused or convicted person.
From where to where?
From the Magistrate’s Court or any court below the Sessions Court to the Sessions Court.
What can be challenged?
The conviction itself,
The sentence imposed,
Or both.
Limitations:
The appeal is subject to the limitations prescribed elsewhere in the CrPC (for example, certain minor offences may have restrictions or conditions).
🧠 Purpose of Section 374:
To ensure fairness and checks on Magistrate courts’ decisions.
To provide the accused a chance to seek review by a higher court.
To uphold the principle of justice through appeals.
📝 Illustration:
Suppose:
A person is convicted by a Magistrate for theft and sentenced to 2 years imprisonment.
The person believes the conviction or sentence is unjust.
They file an appeal in the Sessions Court under Section 374.
The Sessions Court then hears the appeal and can confirm, modify, or reverse the decision.
📌 Important Notes:
Appeals under this section are generally heard by the Sessions Judge or any other Sessions Court authorized by the High Court.
The Sessions Court has powers to confirm, reduce, enhance, or reverse the conviction or sentence.
There may be procedural requirements or time limits to file such appeals.
🔗 Related Sections:
Section 375 CrPC: Appeals from conviction by courts inferior to the Sessions Court (general).
Section 375 CrPC: Powers of appellate courts.
Section 378 CrPC: Jurisdiction of Magistrates and Sessions Courts.
Section 377 CrPC: Appeals from Sessions Court to High Court.
✅ Summary Table:
| Element | Explanation |
|---|---|
| Who can appeal? | Person convicted by Magistrate or lower courts |
| Appeal to | Sessions Court |
| Challengeable orders | Conviction, sentence, or both |
| Purpose | Provide remedy and check on lower court’s decisions |
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