Section 377 – The Code of Criminal Procedure, 1973 (CrPc)

The Code of Criminal Procedure, 1973 (CrPc)

377. Appeal by the State Government against sentence.

(1) Save as otherwise provided in sub-section (2), the State Government may in any case of conviction on a trial held by any Court other than a High Court, direct the Public prosecutor to present 2[an appeal to the High Court against the sentence on the ground of its inadequacy-

(a) to the Court of session, if the sentence is passed by the Magistrate; and

(b) to the High Court, if the sentence is passed by any other Court.]

(2) If such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, 1[the Central Government may also direct] the Public Prosecutor to present 2[an appeal to the High Court against the sentence on the ground of its inadequacy-

(a) to the Court of session, if the sentence is passed by the Magistrate; and

(b) to the High Court, if the sentence is passed by any other Court.]

(3) When an appeal has been filed against the sentence on the ground of its inadequacy, 3[the Court of Session or, as the case may be, the High Court] shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused or for the reduction of the sentence.

Cr PC (Amendment) Act, 2005 (Notes on Clauses)

Section 377 has been amended so as to permit the filing of an appeal in the Court of Session instead of the High Court on the ground of inadequacy of sentence passed by a Magistrate. This amendment is intended not only to make it easier for the admininstration to prefer appeals against unduly lenient sentences by Magistrates but will also deter the latter from passing sentence that are grossly inadequate.

COMMENTS

It would clearly by violative of article 21 of the Constitution of India to induce or lead an accused to plead guity under a promise or assurance that he would be left off lightly and then in appeal or revision to enhance the sentence; State of Karnataka v. Benoy Thomas, (1997) 2 Crimes 141 (Karn).

——————–

1. Subs. by Act 45 of 1978, sec. 29, for “the Central Government may direct”(w.e.f. 18-12-1978).

2. Subs. by Act 25 of 2005, sec. 31, for “an appeal to the High Court against the sentence on the ground of its inadequacy”.

3. Subs. by Act 25 of 2005, sec. 31, for “the High Court”.

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Section 377 – The Code of Criminal Procedure, 1973 (CrPc)

The Code of Criminal Procedure, 1973 (CrPc)

 

 

377. Appeal by the State Government against sentence.

 

(1) Save as otherwise provided in sub-section (2), the State Government may in any case of conviction on a trial held by any Court other than a High Court, direct the Public prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy.

 

(2) If such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, 1[the Central Government may also direct] the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy.

 

(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused or for the reduction of the sentence.

 

1. Subs. by Act 45 of 1978, sec. 29, for “the Central Government may direct”(w.e.f. 18-12-1978).

 

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