Vidhi Codex

section 65

Procedure after Judgment

The Karnataka Conduct of Government Litigation Act, 2023
General202383 sections12 chapters
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Chapter XI CRIMINAL CASES

Statutory text
  1. (1) In every case ending in an acquittal or conviction only for a minor offence the accused having been acquitted of serious offences or where the Court gives a lesser sentence or where the case ends in acquittal of only some of the accused before the Court by any Magistrate or Sessions Judge, the Prosecutor in charge of the said case shall obtain a certified copy of the judgment and submit it within fifteen days from the date of judgment along with his opinion indicating the grounds for filing or not filing an appeal, to the concerned Deputy Director of Prosecutions. Where the Prosecutor recommends filing of appeal, review or revision against the judgment or order an appellate or revisional Court he shall invariably send the certified copies of the judgment or order of the Trial Court along with the order of the Appellate Court.
  2. (2) Every proposal to file an appeal or revision shall be examined and decision taken by the Deputy Director concerned in consultation with the Deputy Inspector General of Police. and in cases in which he is not authorised to take a decision himself he shall forward a certified copy of the judgment together with his views to the Deputy Inspector General of Police and to the Director of Prosecutions without any delay keeping in view of the period of limitation. Subject to his powers in the matter of taking final decision the Director of Prosecutions and Government Litigation shall take final decision in the matter referred to him by the Deputy Director.
  3. (3) The Director of Prosecutions and Government Litigation shall forward the certified copy of the order or judgment, whether original, appellate or revisional, passed by the Sessions Court or by the Magistrate in respect of an offence, the maximum punishment for which exceeds ten years imprisonment, to the Home Department along-with his opinion as to the advisability of filing an appeal or revision against such order or judgment. If that order or judgment is of an appellate or revisional authority and if he recommends an appeal or revision, a copy of the order or judgment of the original Court shall also be sent to the Home Department at least ten days before the last date for filing of the appeal or revision, as the case may be, indicating the last date in bold letters.
  4. (4) On receipt of the said papers, the Home Department shall examine the matter in detail with reference to Court decisions and take a decision whether to file or not to file an appeal or revision. If it is decided to file an appeal or revision the main grounds on which the order of the lower Court is to be challenged shall be indicated in the file. It would not be correct for the Home Department to take summary decision without recording the reasons.

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