What Is a Criminal Appeal?
A Second Look
at the Trial Record
Legal Framework
"An appeal is a continuation of the trial in a limited sense. The appellate court can re-appreciate evidence, but it must give reasons for departing from the trial court’s findings." — settled appellate principles applied by High Courts under the BNSS, 2023.
A criminal appeal before the High Court is the statutory challenge to a conviction or sentence. Under Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 374 CrPC), appeals lie from convictions by a Sessions Court or, in certain cases, from a Magistrate’s court. The High Court can re-appreciate the evidence, but it does not ordinarily substitute its view on credibility without strong reasons.
Alongside the appeal, the question of liberty must be addressed. If the sentence is short or the appellant has already served a substantial part, suspension of sentence and bail can be sought. Delay in filing or in seeking suspension is the most common reason a convicted person remains in custody during a meritorious appeal.
Not every grievance is an appeal. Some orders can only be challenged by revision under Section 438 BNSS (earlier Section 397 CrPC), some by a petition under Section 528 BNSS, and some by a writ petition under Article 226. Choosing the wrong remedy can cost the limitation period, so we assess the order and the available route before drafting.
Section 415, BNSS
Statutory Appeal
Provides the right of appeal against conviction and sentence. The memorandum must set out the grounds and the relief sought.
Conviction appealsSentence appealsLimitation applies
Sections 438 and 528
Revision and Inherent Power
Revision challenges orders that are not appealable. Section 528 allows the High Court to prevent abuse of process.
Interlocutory ordersNo appeal liesDiscretionary relief
Choose the Right Remedy
The same order may be challenged in more than one way, but not at the same time. The wrong route can be dismissed as not maintainable.
| Remedy | When It Applies | Key Feature |
|---|
| Appeal | Conviction or sentence by a Sessions Court or Magistrate | Re-appreciation of evidence is permissible |
|---|
| Revision | Order that is not appealable, or an irregularity in procedure | Discretionary; no automatic right |
|---|
| Section 528 petition | Abuse of process or failure of justice | Inherent power; used sparingly |
|---|
| Writ under Article 226 | Violation of fundamental rights or lack of jurisdiction | Constitutional remedy; alternative remedy considered |
|---|
| Bail application | Custody during appeal or trial | Separate from the merits of the appeal |
|---|
Checklist
Information We Need
to File the Appeal
The certified judgment and the trial record are the foundation of every ground.
Trial Record
Certified Judgment
Complete copy with the date
Trial Court Record
Pleadings, orders and exhibits
Depositions
Witness statements and cross-examination
Chargesheet
Final report and list of witnesses
Custody and Status
Custody Certificate
Period already undergone
Bail Orders
Earlier bail and conditions
Medical Records
If health or age is relevant
Family Details
For suspension and mitigation
Important: Do not wait for a complete paper book before filing. The appeal can be filed with the certified judgment and the record can be completed later, subject to the court’s directions.
