Sanhita.ai

Code of Criminal Procedure

(CRPC)

Petition of appeal.

Chapter 29: Appeals

Section: 382

- Every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against.[[[Substituted by Act 25 of 2005, Section 32, for "the Central Government may also direct the Public Prosecutor to present an appeal, subject to the provisions of sub-Section (3), to the High Court from the order of acquittal" (w.e.f. 23-6-2006).]]

ANDAMAN AND NICOBAR ISLANDS AND LAKSHADWEEP ISLANDS (U.T.)(i) - Re-number Section 382 as sub-section (1) and after re-numbering add the following provisos and Explanation :-"Provided that, where it is not practicable to file the petition of appeal to the proper Appellate Court, the petition of appeal may be presented to the Administrator or to an Executive Magistrate, not below the rank of a Sub-Divisional Magistrate, who shall forward the same to the proper Appellate Court; and when any such appeal is presented to the Administrator or to an Executive Magistrate, he shall record thereon the date of its presentation and, if he is satisfied that by reason of the weather, transport or other difficulties, it is not possible for the appellant to obtain, from the proper Appellate Court, orders for the suspension of sentence or for bail, he may, in respect of such appeal, or an appeal forwarded to him under Section 383, exercise all or any of the powers of the proper Appellate Court under sub-section (1) of Section 389 with regard to suspension of sentence or release of a convicted person on bail :Provided further that the order so made by the Administrator or the Executive Magistrate shall have effect until it is reversed or modified by the proper Appellate Court.Explanation.- For the purposes of the provisos to this section, and Section 383, "Administrator" in relation to a Union Territory, means the Administrator appointed by the President under Article 239 of the Constitution for that Union Territory."(ii) After sub-section (1) following shall be inserted -"(2) For the purposes of computation of the period of limitation, and for all other purposes, an appeal presented to an Administrator or an Executive Magistrate under sub-section (1) or, as the case may be, under Section 383, shall be deemed to be an appeal presented to the proper Appellate Court." [Regulation No. 1 of 1974, Section 5(c) and (d), w.e.f. 30.3.1974]

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