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The Code of Criminal Procedure, 1898

( ACT NO. V OF 1898 )

[ 22nd March, 1898 ]

Part VII

OF APPEAL, REFERENCE AND REVISION

Chapter XXXI

OF APPEALS

Unless otherwise provided, no appeal to lie
404. No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force.
Appeal from order rejecting application for restoration of attached property
405. Any person whose application under section 89 for the delivery of property or the proceeds of the sale thereof has been rejected by any Court may appeal to the Court to which appeals ordinarily lie from the sentences of the former Court.
Appeal from order requiring security for keeping the peace or for good behaviour
406. Any person who has been ordered by a Magistrate under section 118 to give security for keeping the peace or for good behaviour may appeal against such order-
 
 
to the Court of Session:
 
 
1[***]
 
 
Provided, 2[***], that nothing in this section shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (3A) of section 123.
Appeal from order refusing to accept or rejecting a surety
3[406A. Any person aggrieved by an order refusing to accept or rejecting a surety under section 122 may appeal against such order,-
 
 
4[(a) if made by the Chief Metropolitan Magistrate 5[or the Chief Judicial Magistrate] or a District Magistrate, to the Court of Session;
 
 
(b) if made by a Metropolitan Magistrate other than the Chief Metropolitan Magistrate, to the Chief Metropolitan Magistrate; or
 
 
(c) if made by any other Magistrate, 6[whether Executive or Judicial,] to the District Magistrate 7[***] 8[or the Chief Judicial Magistrate.]
Appeal from sentence of Magistrate of the second or third class
9[407. Any person convicted on a trial held by any Magistrate of the second or third class may appeal to the chief Judicial Magistrate who may himself hear and dispose of the appeal or transfer it to any Additional Chief Judicial Magistrate for disposal, and may withdraw an appeal so transferred.]
Appeal from sentence of Joint Sessions Judge and Magistrates of the first class
10[408. Any person convicted on a trial held by a Joint Sessions Judge,Metropolitan Magistrate or any Judicial Magistrate of the first class, may appeal to the Sessions Judge:
 
 
Provided as Follws :
 
 
(a)When in any case a Joint Sessions Judge passes any sentence of imprisonment for a term exceeding five years, the appeal of all or any of the convicted persons shall lie to the High Court Division;
 
 
(b)When any person is convicted by a Metropolitan Magistrate or Judicial Magistrate specially empowered to try an offence under section 124A of the Penal Code, the appeal shall lie to the High Court Division.]
Appeals to Court of Session how heard
409. An appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:
 
 
Provided that an Additional Sessions Judge shall hear only such appeals as the Government may by general or special order, direct or as the Sessions Judge of the Division may make over to him.
Appeal from sentence of Court of Session
410. Any person convicted on a trial held by a Sessions Judge, or an Additional Sessions Judge, may appeal to the High Court Division.
Omitted
411. [Omitted by the Schedule of the Adaptation of Central Acts and Ordinance, 1949.]
Omitted
411A. [Omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978.]
No appeal in certain cases when accused pleads guilty
412. Notwithstanding anything hereinbefore contained where an accused person has pleaded guilty and has been convicted by 11[* * *] a Court of Session 12[or any Metropolitan Magistrate] or Magistrate of the first class on such plea, there shall be no appeal except as to the extent or legality of the sentence.
No appeal in petty cases
413. Notwithstanding anything hereinbefore contained, there shall be no appeal by a convicted person in cases in which 13[***] a Court of Session passes a sentence of imprisonment not exceeding one month only, or in which a Court of Session or 14[Chief Judicial Magistrate] 15[or Metropolitan Magistrate] or other Magistrate of the first class passes a sentence of fine not exceeding fifty Taka only.
 
 
Explanation- There is no appeal from a sentence of imprisonment passed by such Court or Magistrate in default of payment of fine when no substantive sentence of imprisonment has also been passed.
No appeal from certain summary convictions
414. Notwithstanding anything hereinbefore contained, there shall be no appeal by a convicted person in any case tried summarily in which a Magistrate empowered to act under section 260 passes a sentence of fine not exceeding two hundred Taka only.
Proviso to sections 413 and 414
415. An appeal may be brought against any sentence referred to in section 413 or section 414 by which any punishment therein mentioned is combined with any other punishment, but no sentence which would not otherwise be liable to appeal shall be appealable merely on the ground that the person convicted is ordered to find security to keep the peace.
 
 
Explanation- A sentence of imprisonment in default of payment of fine is not a sentence by which two or more punishments are combined within the meaning of this section.
Special right of appeal in certain cases
16[415A. Notwithstanding anything contained in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.]
Repealed
416. [Repealed by section 26 of the Criminal Law Amendment Act, 1923 (Act No. XII of 1923).]
Appeal in case of acquittal
17[417. 18[(1) Subject to the provisions of sub-section (4), the Government may, in any case, direct the Public Prosecutor to present an appeal-
 
 
 
 
(a) to the High Court Division from an original or appellate Order of acquittal passed by any Court of Session;
 
 
 
 
(b) to the Court of Session from an original or appellate Order of acquittal passed by any Magistrate.]
 
 
 
 
19[(2) Notwithstanding anything contained in section 418, if such an order is passed in any case instituted upon complaint, and if the order involves an error of law occasioning failure of justice, the complainant may present an appeal-
 
 
 
 
(a) to the High Court Division from an original order of acquittal passed by any Court of Session;
 
 
 
 
(b) to the Court of Session from an original order of acquittal passed by any Magistrate.]
 
 
 
 
(3) No appeal by the complaint from an order of acquittal shall be entertained by the High Court Division 20[or a Court of Session] after the expiry of sixty days from the date of the order of acquittal.
 
 
 
 
(4) If, in any case, the admission of an appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1).
Appeal against inadequacy of sentence
417A.(1) The Government may, in any case of conviction on a trial held by any court, direct the Public Prosecutor to present an appeal to the High Court Division against the sentence on the ground of its inadequacy.
 
 
(2) A complainant may, in any case of conviction on a trial held by any Court, present an appeal to the Appellate Court against the sentence on the ground of its inadequacy:
 
 
Provided that no appeal under this sub-section shall be entertained by the Appellate Court after the expiry of sixty days from the date of conviction.
 
 
(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Appellate 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 may plead for his acquittal or for the reduction of the sentence.
Appeals on what matters admissible
418. An appeal may lie on a matter of fact as well as a matter of law.
 
 
Explanation-The alleged severity of a sentence shall, for the purposes of this section, be deemed to be a matter of law.]
Petition of appeal
419. Every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against 21[* * *].
Procedure when appellant in jail
420. If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court.
Summary dismissal of appeal
421.(1) On receiving the petition and copy under section 419 or section 420, the Appellate Court shall pursue the same, and, if it considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily:
 
 
Provided that no appeal presented under section 419 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same.
 
 
(2) Before dismissing an appeal under this section, the Court may call for the record of the case, but shall not be bound to do so.
Notice of appeal
422. If the Appellate Court does not dismiss the appeal summarily, it shall cause notice to be given to the appellant or his pleader, and to such officer as the Government may appoint in this behalf, of the time and place at which such appeal will be heard, and shall, on the application of such officer, furnish him with a copy of the grounds of appeal;
 
 
 
 
and, in cases of appeals under 22[* * *] or section 417, the Appellate Court shall cause a like notice to be given to the accused.
Powers of Appellate Court in disposing of appeal
423.(1) The Appellate Court shall then send for the record of the case, if such record is not already in Court. After perusing such record, and hearing the appellant or his pleader, if he appears, and the Public Prosecutor, if he appears, and, in case of Public Prosecutor, if he appears, and, in case of an appeal under 23[* * *] section 417, the accused, if he appears, the Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may-
 
 
 
 
(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be retired or 24[sent] for trial, as the case may be, or find him guilty and pass sentence on him according to law ;
 
 
 
 
(b) in an appeal from a conviction, (1) reverse the finding and sentence, and acquit or discharge the accused, or order him to be retried by a Court of competent jurisdiction subordinate to such Appellate Court or 25[sent] for trial, or (2) alter the finding, maintaining the sentence, or, with or without altering the finding, reduce the sentence or, (3) with or without such reduction and with or without altering the finding, alter the nature of the sentence, but, subject to the provisions of section 106, sub-section (3), not so as to enhance the same;
 
 
 
 
26[(bb) in an appeal for enhancement of sentence, (1) reverse the finding and sentence and acquit or discharge the accused or order him to be retired by a Court competent to try the offence, or (2) alter the finding maintaining the sentence, or (3) with or without altering the finding, alter the nature or the extent, or the nature and extent, or the sentence, so as to enhance or reduce the same;]
 
 
 
 
(c) in an appeal from any other order, alter or reverse such order;
 
 
 
 
(d) make any amendment or any consequential or incidental order that may be just or proper 27[:
 
 
 
 
Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement:
 
 
 
 
Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed than might have been inflicted for that offence by the Court passing the order or sentence under appeal.]
 
 
 
 
(2) [Omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).]
Judgments of subordinate Appellate Courts
424. The rules contained in Chapter XXVI as to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment of any Appellate Court other than High Court Division:
 
 
 
 
Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.
Order by High Court Division on appeal to be certified to lower Court
425. 28[(1) Whenever a case is decided on appeal by the High Court Division under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed:
 
 
Provided that where the finding sentence or order was recorded or passed by a Magistrate other than the Chief Metropolitan Magistrate, or the Chief Judicial Magistrate, the certificate shall be sent through the Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be.]
 
 
(2) The Court to which the High Court Division certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court Division; and, if necessary, the record shall be amended in accordance therewith.
Suspension of sentence pending appeal Release of appellant on bail
426.(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail or on his own bond.
 
 
 
 
(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court Division in the case of any appeal by a convicted person to a Court subordinate thereto.
 
 
 
 
(2A) When any person 29[is sentenced to imprisonment for a term not exceeding one year] by a Court, and an appeal lies from that sentence, the Court may, if the convicted person satisfies the Court that he intends to present an appeal, order that he be released on bail for a period sufficient in the opinion of the Court to enable him to present the appeal and obtain the orders of the Appellate Court under sub-section (1) and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
 
 
 
 
(2B) Where High Court Division is satisfied that a convicted person has been granted special leave to appeal to the 30[Appellate Division of the Supreme Court] against any sentence which it has imposed or maintained, it may if it so thinks fit order that pending the appeal the sentence or order appealed against be suspended, and also, if the said person is in confinement, that he be released on bail.
 
 
 
 
(3) When the appellant is ultimately sentenced to imprisonment, or transportation, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.
Arrest of accused in appeal from acquittal
427. When an appeal is presented under 31[section 417 or section 417A, the High Court Division or any other Appellate Court, as the case may be,] issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal, or admit him to bail.
Appellate Court may take further evidence or direct it to be taken
428.(1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons, and may either take such evidence itself, or direct it to be taken by a Magistrate, or, when the Appellate Court is High Court Division, by a Court of Session or a Magistrate.
 
 
 
 
(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal.
 
 
 
 
(3) Unless the Appellate Court otherwise directs, the accused or his pleader shall be present when the additional evidence is taken 32[* * *].
 
 
 
 
(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXV, as if it were an inquiry.
Procedure where Judges of Court of Appeal are equally divided
429. When the Judges composing the Court of Appeal are equally devided in opinion, the case, with their opinions thereon, shall be laid before another Judge of the same Court, and such Judge, after such hearing (if any) as he thinks fit, shall deliver his opinion, and the judgment or order shall follow such opinion.
Finality of orders on appeal
430. Judgments and orders passed by an Appellate Court upon appeal shall be final, except in the cases provided for in section 417 33[, section 417A] and Chapter XXXII.
Abatement of appeals
431. Every appeal under 34[section 417 or section 417A] shall finally abate on the death of the accused, and every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant.
 
 
  • 1
    The first proviso was omitted by section 78(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 2
    The word “further” of the second proviso was omitted by section 78(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 3
    Section 406A was inserted by the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)
  • 4
    Clauses (a), (b) and (c) were substituted, for clauses (b) and (c) by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)
  • 5
    The words “or the Chief Judicial Magistrate” after the words “Chief Metropolitan Magistrate” were substituted by section 79(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 6
    The words and comma “whether Executive or Judicial,” were inserted after the word and comma “Magistrate,” by section 79(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 7
    The full stop “.” after the words “District Magistrate” were omitted by section 79(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 8
    The words and full stop “or the Chief Judicial Magistrate.” were inserted by section 79(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 9
    Section 407 was substituted by section 80 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 10
    Section 408 was substituted by section 80 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 11
    The words and comma "the High Court Division," were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 12
    The words "or any Metropolitan Magistrate" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)
  • 13
    The words and letter "the High Court Division passes a sentence of imprisonment not exceeding six months only or of fine not exceeding two hundred Taka only or in which" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 14
    The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 81 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 15
    The words "or Metropolitan Magistrate" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)
  • 16
    Section 415A was inserted by the Code of Criminal Procedure (Amendment) Act, 1923 (Act XVIII of 1923)
  • 17
    Sections 417, 417A and 418 were substituted, for the original sections 417 and 418 by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 18
    Sub-section (1) was substituted for sub-section (1) by section 5 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1983 (Ordinance No. XXXVII of 1983)
  • 19
    Sub-section (2) was substituted for sub-section (2) by section 3 of the Code of Criminal Procedure (Amendment) Act, 2000 (Act No. XLI of 2000)
  • 20
    The words and letter "or a Court of Session" were inserted by section 3 of the Code of Criminal Procedure (Amendment) Act, 2000 (Act No. XLI of 2000)
  • 21
    The commas, words and figure ", and, in cases tried by a jury, a copy of the heads of the charge recorded under section 367" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 22
    The words, figures, comma and brackets "section 411A, sub-section (2) or" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 23
    The words, figures, comma and brackets "section 411A, sub-section (2) or" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 24
    The word "sent" was substituted, for the word "committed" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 25
    The word "sent" was substituted, for the word "committed" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 26
    Clause (bb) was inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 27
    A colon was substituted for the full-stop at the end of clause (d) and thereafter the provisos were added by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 28
    Section (1) was substituted for Sub-section (1) by section 82 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 29
    The words "is sentenced to imprisonment for a term not exceeding one year" were substituted for the words "other than a person accused of a non-bailable offence is sentenced to imprisonment" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 30
    The words "Appellate Division of the Supreme Court" were substituted for the words "Supreme Court" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 31
    The words, figures and commas "section 417 or section 417A, the High Court Division or any other Appellate Court, as the case may be," were substituted for the words, figures, commas and brackets "section 411A, sub-section (2), or section 417, the High Court Division" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 32
    The semi-colon and words "; but such evidence shall not be taken in the presence of jurors or assessors" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 33
    The comma, word and figure ", section 417A" were inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 34
    The words and figures "section 417 or section 417A" were substituted, for the words, figures, commas and brackets "section 411A, sub-section (2), or section 417" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
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