CrPC Section 376 — No appeal in petty cases

CHAPTER XXIX APPEALS

General

Summary

Despite section 374, a convicted person cannot appeal in the cases listed below.

Clause (a) covers a sentence passed by a High Court consisting only of imprisonment for no more than six months, a fine of no more than one thousand rupees, or both.

Clause (b) covers a sentence passed by a Court of Session or a Metropolitan Magistrate consisting only of imprisonment for no more than three months, a fine of no more than two hundred rupees, or both.

Clause (c) covers a sentence passed by a Magistrate of the first class consisting only of a fine of no more than one hundred rupees.

Clause (d) covers a sentence of only a fine of no more than two hundred rupees passed by a Magistrate empowered under section 260 in a case tried summarily.

Under the proviso, an appeal may be brought against one of these sentences if another punishment is combined with it. But the sentence cannot be appealed merely because the convicted person is ordered to provide security to keep the peace.

Under clause (i) of the proviso, an order to provide security to keep the peace, by itself, does not make the sentence appealable.

Under clause (ii) of the proviso, including a direction for imprisonment if a fine is not paid, by itself, does not make the sentence appealable.

Under clause (iii) of the proviso, passing more than one fine in the case, by itself, does not make the sentence appealable if the total fine does not exceed the amount specified for that case above.

Official Text

Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely:—

(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;

(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;

(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or

(d) where, in a case tried summarily, a Magistrate empowered to act under section 260 passes only a sentence of fine not exceeding two hundred rupees:

Provided that an appeal may be brought against such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground—

(i) that the person convicted is ordered to furnish security to keep the peace; or

(ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or

(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.

Sections referred to

Referred to by

Related Judgments

  • VALSON AND ANR. vs STATE OF KERALA — Supreme Court of India (2008)
  • STATE OF U.P. vs AWDHESH — Supreme Court of India (2008)
  • SWAPNIL TRIPATHI vs SUPREME COURT OF INDIA — Supreme Court of India (2018)
  • PERLA SOMASEKHARA REDDY AND ORS. vs STATE OF A.P. REP. BY PUBLIC PROSECUTOR — Supreme Court of India (2009)
  • STATE OF GOA vs PANDURANG MOHITE — Supreme Court of India (2008)
  • STATE OF RAJASTHAN vs MOHAN LAL — Supreme Court of India (2009)

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