This article is written by Bhaskar Joshi of 9th semester of BA.LLB (H) of Amity Law School, Amity University.
Introduction
The Indian legal system provides a robust mechanism for individuals to seek redress and challenge decisions made by lower courts. The right to appeal is a fundamental aspect of ensuring justice and fairness. This article aims to provide a comprehensive overview of the appeal process in India, discussing the relevant legal provisions under the Code of Civil Procedure, 1908 (CPC) and the Code of Criminal Procedure, 1973 (CrPC). Additionally, we will explore significant judicial decisions that have shaped the appeal process in India. The appeals process in India generally follows a hierarchical structure, with multiple levels of courts available for parties to seek redress. This comprehensive exploration will delve into the intricacies of the appeal process, shedding light on its purpose, scope, and the key differences between civil and criminal appeals. We will examine the procedural aspects, the standards of review employed by appellate courts, and the potential outcomes that can arise from an appeal.
Keywords: Appeal, Civil, Criminal, Revision, review, CPC’ 1908, CrPC’ 1973
Appeal of legal proceedings
The appeal of legal proceedings in India holds immense significance in ensuring justice, protecting individual rights, and upholding the rule of law. In India, the appellate process allows individuals or parties dissatisfied with a lower court’s decision to seek a review by a higher judicial authority. This process plays a pivotal role in safeguarding the fundamental rights and freedoms of individuals and promoting the principles of fairness and equity. One key significance of appeals lies in their ability to rectify errors and miscarriages of justice. The appellate courts have the power to re-examine the evidence, legal arguments, and procedures followed in the lower courts. This ensures that any mistakes or incorrect interpretations of law made by the lower courts can be rectified. By offering a chance for aggrieved parties to present their case before a higher judicial authority, the appellate process provides a safety net against wrongful convictions, erroneous judgments, or unfair outcomes. Moreover, appeals contribute to the development and evolution of legal principles in India. Appellate courts, particularly the higher courts like the High Courts and the Supreme Court, set precedents through their judgments. These precedents serve as authoritative interpretations of the law and guide lower courts in similar cases. By reviewing and interpreting laws, the appellate courts contribute to the consistency, coherence, and progressive development of the legal system.
Appeals also play a vital role in upholding the principle of access to justice and then right to appeal is vested from the day a suit in instituted[1]. In a diverse and populous country like India, the appellate process ensures that individuals from all walks of life have the opportunity to challenge unjust decisions and assert their rights. It provides an avenue for marginalized communities, disadvantaged individuals, and those without significant resources to seek redressal and protection against arbitrary or discriminatory actions. Additionally, appeals promote transparency and accountability in the legal system. The appellate process allows for a thorough examination of the lower court proceedings, which helps to maintain the integrity of the judiciary. It acts as a check on the lower courts, ensuring that they adhere to legal procedures, respect constitutional rights, and deliver impartial justice. Furthermore, the existence of appellate courts serves as a deterrent against any potential abuse of power or misconduct by judges or judicial officers.
Civil Appeals
Civil cases involve disputes between individuals, organizations, or entities. They typically relate to matters such as property disputes, contracts, family matters, and torts (personal injury claims). The objective of civil cases is to resolve conflicts, determine liability, and provide appropriate remedies, such as monetary compensation or specific performance. The Code of Civil Procedure (CPC)’ 1908 governs the appeals process in civil cases, allowing parties to challenge judgments and decrees passed by lower courts. Let us delve into the key stages of civil appeals.
- First Appeal
When a party is aggrieved by a judgment or decree of a lower court, they have the right to file a first appeal before the appropriate appellate court, usually the High Court. The first appeal must be filed within 90 days from the date of the judgment or decree. The provisions regarding first appeals are primarily outlined in Sections 96 to 99 of the CPC. The first appeal is a substantive appeal, which means that parties can challenge both questions of fact and law. The appellate court has the power to re-examine the evidence on record and arrive at its own independent findings. It was established in Hari Shankar v. Rao Girdhari Lal Chowdhury[2] that an appeal is a continuation of the original court’s proceedings. The court found that An aggrieved party may use appellate jurisdiction, which involves a second hearing on both the law and the facts. A crucial right of the appellant is the first appeal, when all issues of fact and law decided by the trial court are subject to reconsideration. As a result, the first appellate court must analyze all the concerns and reach a decision while providing justifications.
- Second Appeal
If a party remains dissatisfied with the decision of the first appellate court, they may file a second appeal before the High Court. However, the second appeal can only be filed on substantial questions of law, meaning that the interpretation or application of the law must be in question. The provisions for second appeals are governed by Section 100 of the CPC. The scope of a second appeal is narrower than that of a first appeal. The High Court will not generally re-evaluate the evidence on record but instead focus on determining whether there has been an error of law in the decision of the lower courts. The second appeal allows the High Court to correct substantial errors of law and ensure uniformity in the interpretation and application of legal principles
- Appeal to the Supreme Court
If a substantial question of law of general importance arises in a second appeal, a party may file an appeal before the Supreme Court of India. This is known as a “special leave petition” and is filed under Article 136 of the Indian Constitution. The Supreme Court has the discretion to grant leave to appeal. The Supreme Court’s jurisdiction is limited to cases involving substantial questions of law or those of public importance. It does not function as an ordinary appellate court. The grant of leave to appeal is contingent upon the court’s satisfaction that the case presents exceptional circumstances or substantial grounds for interference.[3]
Criminal Appeals
Criminal cases, unlike civil cases, involve offenses committed against the state or society. They include crimes like murder, theft, fraud, and assault. The primary aim of criminal cases is to establish guilt or innocence and to administer punishment. The Code of Criminal Procedure (CrPC)’ 1973 governs the appeal process in criminal cases, allowing individuals to challenge convictions and sentences imposed by lower courts. Let us explore the key stages of criminal appeals.
- Appeal to the Sessions Court:
In criminal cases, an appeal can be filed against the judgment or order of a Magistrate’s Court to the Sessions Court within 30 days from the date of the order or sentence. This right to appeal is provided under Section 374 of the CrPC. The Sessions Court acts as an appellate court in this context, reviewing the evidence and legal aspects of the case. It has the authority to modify or set aside the decision of the Magistrate’s Court based on its findings.
- Appeal to the High Court:
If a person is convicted by the Sessions Court and wishes to challenge the decision, they can file a further appeal before the High Court. The appeal to the High Court must be filed within 60 days from the date of the Sessions Court’s judgment. Sections 374 and 378 of the CrPC deal with appeals in criminal cases before the High Court. The High Court, as the appellate court, reviews the entire case and re-evaluates the evidence on record. It has the power to reverse, modify, or affirm the decision of the Sessions Court. The High Court ensures that the legal principles and procedural safeguards have been correctly applied during the trial.
- Appeal to the Supreme Court:
If a person is convicted or sentenced by the High Court and wishes to challenge the decision, they can file an appeal before the Supreme Court of India. This can be done under Article 134 or Article 136 of the Indian Constitution, depending on the nature and gravity of the case. The Supreme Court exercises discretionary power in granting leave to appeal. The Supreme Court, as the apex court, has the final authority to review and adjudicate criminal appeals. It evaluates the legal issues involved and ensures the uniformity and consistency of legal interpretation throughout the country. The Supreme Court can set aside, modify, or affirm the decision of the High Court, depending on its findings.[4] However Without the permission of the High Court, the victim cannot appeal a decision to acquit. This was found by Apex Court the case of Satya Pal Singh vs State of Madhya Pradesh[5]. In the same case, the Court also dwelled into the definition of ‘victims’ in criminal appeals.
So To illustrate and sum up the concept of appeal, let’s consider an example:
Suppose Mr. X and Mr. Y are involved in a contractual dispute regarding the sale of a property. Mr. X claims that Mr. Y breached the terms of the contract by failing to transfer the property title within the agreed timeframe. The dispute is initially brought before a District Court, which hears the case, examines the evidence presented by both parties, and delivers a judgment in favor of Mr. Y, stating that he did not breach the contract.
However, Mr. X firmly believes that the District Court’s decision is erroneous, and he decides to exercise his right to appeal. He files an appeal before the appropriate appellate court, which in this case would be the State High Court. In his appeal, Mr. X argues that the lower court failed to consider crucial pieces of evidence and misinterpreted certain provisions of the contract, leading to an incorrect conclusion.
The State High Court, upon receiving the appeal, reviews the case afresh. It examines the evidence, listens to the legal arguments presented by both parties, and thoroughly assesses the District Court’s judgment. The High Court has the power to consider the entire case or limit its review to specific legal issues raised in the appeal.
After a careful examination, the State High Court may come to a different conclusion than the District Court. If the High Court finds that the District Court made errors in its interpretation of the evidence or the law, it can reverse the judgment and rule in favor of Mr. X. Alternatively, the High Court may agree with the District Court’s decision and dismiss the appeal. In either scenario, the High Court’s decision becomes the new binding judgment in the case.
If, in this example, either party is dissatisfied with the High Court’s decision, they may have the option to further appeal to the Supreme Court of India, which serves as the final appellate authority in the country. However, it is important to note that the Supreme Court exercises its discretion in granting leave to appeal, and it typically considers cases involving significant questions of law or matters of public importance.
The Concept of review and revision
In addition to appeals, the Indian legal system offers three distinct concepts related to the re-examination of cases: review, reference, and revision. While they all involve a higher court reconsidering a lower court’s decision, there are significant differences in their nature, purpose, and the parties involved. They are additional mechanisms which are necessary to ensure fairness, correct errors, maintain consistency, and provide remedies in specific situations. Let’s explore the concepts of review, reference, and revision and the distinctions between them.
- Review:
Section 114 of the Code of Civil Procedure (CPC) and Order 47 of the CPC govern the process of review in civil cases. Similarly, Section 362 of the Code of Criminal Procedure (CrPC) and Section 401 of the CrPC deal with review in criminal cases. Review is a process by which a higher court reconsiders its own decision. It allows the court to rectify errors that may have occurred in its judgment. The power of review is generally governed by specific provisions in the statute or rules of the court. It is not a right granted to the parties but is available in limited circumstances. The grounds for review are usually restricted and include errors of law, discovery of new evidence, violation of principles of natural justice, or the existence of exceptional circumstances. The review process focuses on the specific grounds raised for review and does not involve a fresh examination of the entire case. The court may modify, revoke, or affirm its previous decision based on the merits of the review application.
- Reference:
Reference occurs when a court refers a question of law to a higher court for its opinion. This typically happens when a lower court is faced with a complex or novel legal issue that requires authoritative guidance. The lower court refers the question to the higher court for clarification or interpretation. The reference is initiated by the lower court itself, and the opinion of the higher court is not binding on the lower court. The higher court provides its opinion or judgment on the referred question, which assists the lower court in deciding the case. The purpose of a reference is to ensure consistent interpretation and application of the law. The power of reference is granted under Article 143 of the Constitution of India, which allows the President to seek the Supreme Court’s opinion on a matter of public importance or constitutional interpretation. Similarly, under Section 113 of the CPC, a court may make a reference to a higher court when it has doubts regarding a point of law arising in a case.
- Revision:
Revision is a discretionary power conferred upon a higher court to examine the legality, regularity, or propriety of a decision passed by a lower court. It allows the higher court to correct errors of law, ensure adherence to procedural requirements, and prevent miscarriage of justice. Revisional jurisdiction is generally exercised by the High Court or the Sessions Court.
In short, Review allows a higher court to reconsider its own decision, reference involves seeking the opinion of a higher court on a legal issue, and revision enables a higher court to examine the decision of a lower court. Each process serves a unique purpose and has its own set of procedures and limitations. Section 115 of the CPC empowers the High Courts to exercise revisional jurisdiction over subordinate courts and In criminal cases, Section 397 of the CrPC provides for revisional powers of the High Courts and the Sessions Courts to correct or set aside erroneous orders passed by lower criminal courts.[6] In the case of Major S.S. Khanna V. Brig. F.J. Dillon[7], the court found that the power of revision enshrined in s.115 applies even to interlocutory orders.
Difference between revision and appeal
Although they might seem similar, appeals and revisions are two distinct processes that provide avenues for reviewing and correcting lower court decisions. An appeal is a legal proceeding initiated by a dissatisfied party (appellant) to challenge the correctness or legality of a lower court’s judgment or decree. It involves a higher court reviewing the entire case, considering questions of fact and law, and may include a complete rehearing with the introduction of new evidence. The appellate court has the authority to confirm, modify, reverse, or remand the decision of the lower court. On the other hand, revision is a legal process that allows a higher court to examine the legality, regularity, or propriety of an order passed by a lower court. It focuses primarily on questions of law and does not re-examine the evidence or reassess the findings of fact made by the lower court. Revisions are usually heard by the same court that has revisional jurisdiction, often the High Court or Sessions Court in criminal cases. Unlike appeals, revisions are considered as a remedy of last resort when no appeal lies or when the party is not entitled to appeal. The revisional court may set aside, modify, or confirm the order of the lower court. While both processes serve the purpose of correcting errors and ensuring justice, appeals offer a broader scope and involve a higher level of review, while revisions focus more on points of law and the legality of the lower court’s order.[8]
Conclusion
In conclusion, the appeal of legal proceedings holds immense importance in ensuring justice, upholding the rule of law, and safeguarding the rights of individuals in the legal system. Appeals provide a vital mechanism for rectifying errors, addressing miscarriages of justice, and promoting fairness and equity. They contribute to the development of legal principles, set precedents, and guide the interpretation and application of the law. Furthermore, appeals play a crucial role in promoting transparency, accountability, and access to justice by offering individuals the opportunity to challenge unjust decisions and assert their rights. The appellate process acts as a check on lower courts, ensures adherence to legal procedures, and helps maintain the integrity of the judiciary. By serving as a platform for redressal and protection, appeals empower individuals from all walks of life to seek redress and protection against arbitrary or discriminatory actions. Ultimately, the appeal of legal proceedings strengthens the legal system and serves as a cornerstone of a just and equitable society.
[1] Veeraya v. Subbia Choudhry AIR 1957 SC 540
[2] 1963 AIR 698
[3] Jurisdiction of the Supreme Court, Supreme Court of India, available at https://main.sci.gov.in/jurisdiction, last seen on 27.06.2023.
[4] Section 374 CrPC, Ipleaders.in, available at https://blog.ipleaders.in/section-374-crpc/#:~:text=The%20Code%20of%20Criminal%20Procedure%20of%201973%20prescribes%20that%20verdicts,the%20nature%20of%20the%20case, last seen on 28.06.2023
[5] AIR 2015 SCW 6251
[6] Reference, Review, Revision, legalserviceindia.com, available at https://www.legalserviceindia.com/legal/article-10764-reference-review-revision.html#:~:text=Review%20is%20made%20by%20the,accordance%2021%20with%20appropriate%20jurisdiction, last seen on 28.06.2023
[7] 1964 AIR 497
[8] First appeals under the Code of Civil Procedure, 1908, Ipleaders.in, available at https://blog.ipleaders.in/first-appeals-under-the-code-of-civil-procedure-1908/, last seen on 29.06.2023
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