Criminal & Cyber Law
Criminal Appeal
Challenging a conviction, sentence or acquittal before the appellate court within the time the law allows.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
A person convicted by a Magistrate can usually appeal to the Sessions Court, and a person convicted by a Sessions Court to the High Court. The appeal court reads the trial record, hears arguments and may confirm, alter or set aside the conviction or sentence, or order a retrial. Time limits are set by the Limitation Act, 1963 and differ by court and type of appeal; delay can be condoned for sufficient cause. While an appeal is pending, the appellate court can suspend the sentence and grant bail.
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
What grounds can an appeal raise?
Errors of law, wrong appreciation of evidence, procedural irregularity that caused prejudice, and a sentence that is excessive in the circumstances.
How much time do I have to appeal?
The Limitation Act, 1963 sets the period, which depends on the court and the kind of appeal. Get a certified copy of the judgment quickly; the time spent obtaining it is excluded. If the period has passed, an application to condone delay can be filed.
Can I get bail while the appeal is pending?
Yes, the appellate court can suspend the sentence and release the appellant on bail. It considers the sentence, the time already spent in custody and the grounds of appeal.
Are new witnesses heard in an appeal?
Generally no; the appeal is decided on the trial record. The appellate court may take additional evidence in exceptional cases where it considers it necessary.
Attorneys Handling This Service
Related Services
Criminal Trial – District Courts
Defence at trial before the Magistrate and Sessions Courts, from framing of charge to judgment.
Criminal Matters in the High Court
Criminal appeals, revisions, bail and quashing petitions before the Allahabad High Court, Lucknow Bench.
Writ Petitions
Petitions under Article 226 to the High Court against unlawful action by the State or public authorities.