Back to Criminal Procedure Code 2010

Section history

Section 374 — When appeal may be made

Consolidated view is experimental and may be broken for certain provisions.

Amendments
374.When appeal may be made

(1)An appeal against any judgment, sentence or order of a court, or any decision of the General Division of the High Court mentioned in section 149M(1), may only be made as provided for by this Code or by any other written law.

(2)An appeal may lie on a question of fact or a question of law or on a question of mixed fact and law.

(3)An appeal by the Public Prosecutor shallis to be against the acquittal of an accused or the sentence imposed on an accused or an order of the trial court.

(4)An appeal by a person convicted by a trial court shallis to be against histhe person’s conviction, the sentence imposed on himthe person or an order of the trial court.

(4A)No appeal may lie against the conviction of an accused of any offence by a trial court until after the trial court imposes a sentence in relation to that offence.

(5)No appeal may lie against any order made by a Magistrate, a District Judge, the Registrar of the SubordinateState Courts or the Registrar of the Supreme Court in any criminal case disclosure conference held under Part IX9 or X.10.

(6)To avoid doubt, any appeal against a decision of the General Division of the High Court is to be made to the Court of Appeal (and not to the Appellate Division of the High Court).