section 411A
Appeal from sentence of High Court
The Code of Criminal Procedure, 1989Criminal1989605 of 612 sections available
Chapter XXXI OF APPEALS
Statutory text
6 [411-A. Appeal from sentences of High Court.-(1) Any person convicted on a trial held by the High Court in the exercise of its original criminal jurisdiction may, notwithstanding anything contained in section 418 1 [x x x]] or in the Letters Patent or law by which the High Court is constituted or continued, appeal to the High Court-
- (a) against the conviction on any ground of appeal which involves a matter of law only;
- (b) with the leave of the Appellate Court, or upon the certificate of the Judge who tried the case that it is a fit case for appeal, against the conviction on any ground of appeal which involves a matter of fact only, or a matter of mixed law and fact, or any other ground which appears to the Appellate Court to be a sufficient ground of a appeal; and
- (c) with the leave of the Appellate Court, against the sentence passed unless the sentence is one fixed by law.
- (2) Notwithstanding anything contained in section 417, the Government may direct the public prosecutor to present an appeal to the High Court from any order of acquittal passed by the High Court in the exercise of its original criminal jurisdiction, and such appeal may, notwithstanding any contained in section 418. 1 [x x x ] or in the Letter Patent or law by which the High Court is constituted, or continued, but subject to the restrictions imposed by clause (b) and clause (c) of Sub-section (1) of this section on an appeal against a conviction, lie on a matter of a fact as well as a matter of law.
- (3) Notwithstanding anything elsewhere contained in any Act or Regulation, an appeal under this section shall be heard by a Division Court of the High Court composed of not less than two Judges, being Judges, other than the Judge or Judges by whom the original trial was held; and if the constitution of such a Division Court is impracticable, the High Court shall report the circumstances to the Government which shall take action with a view to the transfer of the appeal under section 527 to another High Court.
- (4) Subject to such rules as may from time to time be made by the Supreme Court in this behalf, and to such conditions as the High Court may establish or require, an appeal shall lie to the Supreme Court from any order made on appeal under Sub-section (1) by a Division Court of the High Court in respect of which order the High Court certifies that the case is a fit one for such appeal].
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