APPEAL

The word appeal means right of carrying a particular case from an inferior to a superior Court with a view to ascertain whether the judgement is sustainable. An appeal is created of statute only and a right of appeal exists where expressly given.

No appeal lies from any judgement or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force. There can be no inherent right of appeal from any judgement unless an appeal is expressly provided for the law itself. The right of appeal is governed by the statute in conformity with which a particular offence is tried. The right of appeal is neither a fundamental nor an inherent right; it is a creature of a statute, a statutory right.

The Criminal Procedure Code does not provide for an appeal to the Supreme Court but its stated under another law – the Constitution. According to the Constitution of India, an appeal shall lie to the Supreme Court from any judgement, final order or sentence in a criminal proceeding of a High Court in India if the High Court-
a) has on appeal reversed an order of acquittal of an a accused person and sentenced him to death, or any Court subordinate to its authority has in such a trial convicted the accused person and sentenced him to death;
b) certified that the case is a fit one for appeal to the Supreme Court.

The Highest Appellate or Revisional Court under the old Criminal Procedure Code was the High Court. The law has undergone a significant change in the present Code which provides for appeals to the Supreme Court.