Legal Question in Criminal Law in India

A magistrate of the first class passes a sentence of imprisonment for a term of three years with a fine of Rs.5000, and in lieu of non payment thereof, an additional imprisonment for another one year. The convict feels aggrieved by the sentence

1. Has the convict any right to appeal this sentence?

2.Will the situation change, if the sentence is passed by the court of a chief judicial magistrate?give reason


Asked on 1/27/13, 2:26 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

27.01.2013

Dear Sir / Madam,

(Bannadi / Karkada / Parampalli / Saligrama / Udupi - Karnataka)

1. The convict has a right to appeal this sentence in the High Court of adjudicature;

2. Even if the sentence is passed by the Court of the Chief Judicial Magistrate, it is at the district level; and the convict has a right to appeal this sentence in the High Court of adjudicature.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any other on-line advice at [email protected])

Read more
Answered on 1/27/13, 3:43 am
Shrichand Nahar S.V.Nahar, Advocate

1. Appeal against conviction by a Magistrate may be filed in Sessions Court.

2. May not change.

Read more
Answered on 1/30/13, 1:01 am


Related Questions & Answers

More Criminal Law questions and answers in India