Practice area

Criminal appeals and revisions

Appeals against conviction, acquittal and sentence, and revisions against orders of Magistrates and Sessions Courts.

Criminal appeals and revisions give the High Court the power to examine whether a trial court's findings and procedure were correct. Each route has its own conditions, and choosing the right one matters.

What this work involves

• Appeals against conviction and sentence, including suspension of sentence and bail pending appeal
• Appeals against acquittal by the State or a complainant, which generally need the Court's leave
• Appeals for enhancement of sentence in suitable cases
• Criminal revision petitions against orders of Magistrates and Sessions Courts, such as orders on discharge, framing of charges and interim matters
• Appeals under special statutes, including the NDPS Act and the Negotiable Instruments Act
• Compensation and victim-related orders

Approach

The trial record, the charge, the evidence and the reasoning of the judgment are reviewed in detail. Appeals are drafted around a limited number of strong grounds, such as misreading of evidence, procedural defects and wrongly applied law.

Frequently asked questions

Is the sentence automatically suspended when I appeal?

No. An application for suspension of sentence and bail pending appeal must be made, and the Court decides on the facts.

What is the difference between an appeal and a revision?

An appeal allows a broader reappraisal of the case. A revision is narrower and examines legality, correctness and propriety of the order challenged.

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