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The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter XXXI

OF APPEALS

Appeal in case of acquittal
1[417. 2[(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.]
 
 
 
 
3[(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 4[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).

  • 1
    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)
  • 2
    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)
  • 3
    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)
  • 4
    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)
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