Criminal Appeals Lawyer in Delhi
A criminal conviction or other adverse order can have significant legal consequences for an accused person. Where an appeal is legally available, the appellate process provides an opportunity for the appropriate court to examine the judgment, sentence or other appealable order in accordance with the applicable law. Criminal appeals require careful examination of the trial court record, evidence, legal findings and grounds on which the decision may be challenged.
Under India’s current criminal procedure framework, criminal appeals are primarily governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The BNSS replaced the Code of Criminal Procedure, 1973 and contains provisions dealing with appeals from convictions and certain other orders.
What Is a Criminal Appeal?
A criminal appeal is a legal proceeding before an appellate court challenging a judgment, conviction, sentence or other order where the law provides a right of appeal. The appellate court examines the issues raised in the appeal in accordance with the applicable statutory provisions and the record of the proceedings.
The appropriate appellate court depends on factors such as the court that passed the original judgment, the nature of the conviction and the sentence imposed.
Criminal Appeals Under BNSS
Section 415 of the BNSS provides for appeals from convictions. It specifies different appellate forums depending on the court that conducted the trial and the sentence involved.
For example, a person convicted in a trial conducted by a Sessions Judge or Additional Sessions Judge, or in certain trials where imprisonment exceeding seven years has been imposed, may appeal to the High Court. In other cases covered by the provision, an appeal may lie to the Court of Session.
The BNSS also contains specific provisions concerning appeals by victims, appeals in cases involving pleas of guilty and restrictions relating to certain petty cases. Therefore, whether an appeal is maintainable and which court has jurisdiction must be assessed according to the facts and applicable statutory provisions.
Grounds for a Criminal Appeal
The grounds of a criminal appeal depend on the facts and record of the individual case. Potential issues may include an incorrect interpretation or application of law, errors in appreciation of evidence, procedural irregularities, improper consideration of material evidence or questions concerning the conviction or sentence.
A criminal appeal is not simply a repetition of the trial. The grounds must be formulated after examining the judgment, evidence, pleadings, exhibits, witness testimony and relevant legal provisions.
Where the original conviction involves an offence under the Bharatiya Nyaya Sanhita, 2023 (BNS), the appeal may require examination of whether the ingredients of the relevant offence were established and whether the trial court correctly applied the applicable law.
How a Criminal Appeals Lawyer Can Help
An experienced criminal lawyer can assist with reviewing the trial court judgment and preparing an appropriate appellate strategy. Legal assistance may include:
• Reviewing the judgment and trial court record
• Identifying potential legal and factual grounds of appeal
• Examining witness testimony and documentary or electronic evidence
• Reviewing the applicable BNS and BNSS provisions
• Preparing and filing the criminal appeal
• Making legal submissions before the appellate court
• Advising on issues concerning the conviction or sentence
• Representing the appellant during appellate proceedings
The availability, scope and procedure of an appeal depend on the nature of the order and the applicable law. A detailed review of the case record is therefore important before filing an appeal.
Criminal Appeal Lawyer for High Court and Sessions Court Matters
Criminal appeals can involve complex questions of law, evidence and procedure. Proper preparation requires a detailed understanding of the trial record and the statutory framework applicable to the case.
Manju Sehrawat provides legal assistance and representation in criminal appeals and related criminal defence matters. If you have been convicted or are considering an appeal against an appealable criminal order, professional legal advice can help you understand the applicable procedure, grounds and available remedies.
Contact us to discuss your case and understand the legal options available based on its specific facts and circumstances.
Need Assistance With A Criminal Appeals
Manju Sehrawat for professional legal guidance based on the facts and circumstances of your case.