Section 379 of The Code Of Criminal Procedure, 1973 – Appeal against conviction by High Court in certain cases

Section 379 of The Code Of Criminal Procedure, 1973 - Appeal against conviction by High Court in certain cases CrPC

Introduction to Section 379 of the Code of Criminal Procedure, 1973

Section 379 of The Code Of Criminal Procedure, 1973

Appeal against conviction by High Court in certain cases

Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court

Understanding the Purpose and Implications of Section 379 CrPC

In the realm of criminal justice, the concept of appeals plays a pivotal role in ensuring a fair and just legal system. Appeals provide an avenue for individuals who believe they have been wrongfully convicted to seek redress and present their case before a higher court. Section 379 of The Code of Criminal Procedure, 1973 (CrPC) specifically deals with appeals against convictions by the High Court in certain cases. This provision holds significance as it outlines the procedure and scope of appeal, allowing individuals to challenge decisions made at the High Court level.

Key Elements of Section 379 CrPC

Section 379 of the CrPC focuses on appeals against conviction, which is the legal term used when an individual has been found guilty of a criminal offense by the High Court. The section provides a mechanism for the accused, the state, or any other aggrieved party to challenge the decision of the High Court before a higher judicial authority, usually the Supreme Court. It ensures that there is a proper system in place to review and rectify any potential errors or miscarriages of justice.

Key Features and Provisions:

  1. Right to Appeal: Section 379 of the CrPC entitles the accused person, the state government, or any aggrieved party to file an appeal against the conviction by the High Court. It recognizes the inherent right of individuals to seek a review of the judgment and presents an opportunity for a higher court to reevaluate the evidence, legal aspects, and the application of the law.
  2. Limitation Period: The section imposes a specific time limit within which the appeal must be filed. According to the CrPC, the appeal should be filed within a period of thirty days from the date of the judgment or order being appealed against as per section 115 (b) (ii) of Limitation Act, 1963. However, the court may condone the delay in filing the appeal under certain exceptional circumstances.
  3. Grounds for Appeal: An appeal can be filed on various grounds, such as errors in the interpretation or application of the law, substantial and material irregularity in the trial proceedings, violation of the principles of natural justice, or any other compelling reasons that merit a reconsideration of the High Court’s decision.
  4. Procedure for Filing an Appeal: The procedure for filing an appeal under Section 379 involves preparing and submitting a written application to the appropriate appellate court. The application should contain relevant details, including the grounds of appeal, the specific relief sought, and supporting documents or records from the trial court proceedings. It is essential to adhere to the prescribed format and fulfill any additional requirements set by the appellate court.
  5. Power of the Appellate Court: The appellate court, usually the Supreme Court, possesses the authority to examine the entire case afresh. It has the power to review the evidence, hear arguments, assess legal aspects, and arrive at an independent conclusion. The court can uphold the conviction, modify the sentence, set aside the conviction, or order a retrial based on the merits of the case.

Importance and Implications of Section 379 CrPC:

Section 379 of the CrPC holds immense significance in upholding the principles of justice and fairness within the legal system. It ensures that the verdicts delivered by the High Court undergo a thorough scrutiny, preventing any potential miscarriage of justice. The provision guarantees individuals the right to a fair trial and an opportunity to present their case before a higher authority, thereby instilling public confidence in the judicial process.

By enabling appeals against convictions, Section 379 helps rectify any errors, clarify legal ambiguities, and set precedents that contribute to the development of the law. It is a crucial safeguard that ensures that no person is wrongfully deprived of their liberty, reputation, or other fundamental rights due to an incorrect or unjust conviction.


Section 379 of The Code of Criminal Procedure, 1973, plays a vital role in maintaining the integrity and fairness of the criminal justice system. It grants individuals the right to challenge convictions delivered by the High Court, ensuring that no person is wrongly deprived of their liberty. The provision reflects the principles of natural justice and provides a mechanism for reviewing and rectifying potential errors or miscarriages of justice. By empowering individuals to seek redress, Section 379 contributes to the overall transparency and effectiveness of the legal system, thereby upholding the fundamental tenets of justice and fairness.