Sanhita.ai

Code of Criminal Procedure

(CRPC)

Procedure when appellant in jail.

Chapter 29: Appeals

Section: 383

- If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court.[Substituted by Act 25 of 2005, Section 32 for sub-Section (1) (w.e.f.23-6-2006). Prior to its substitution, sub-Section (1)read as under :-[ (1) Save as otherwise provided in sub-Section (2) and subject to the provisions of sub-Sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court or an order of acquittal passed by the Court of Session in revision].]

ANDAMAN AND NICOBAR ISLANDS AND LAKSHADWEEP ISLANDS (U.T.)- Insert the following words at the end of Section 383 -"or if, by reason of the weather, transport or other difficulties, it is not possible to forward them to the proper Appellate Court, they shall be forwarded to the Administrator or an Executive Magistrate, not below the rank of a Sub-Divisional Magistrate, who shall, on receipt of such petition of appeal and copies, record thereon the date of receipt thereof and thereafter forward the same to the proper Appellate Court." [Regulation 1 of 1974, Section 5(e) w.e.f. 30.3.1974]

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