Practice area handled by Adv. Abhishek Kumar
Last Reviewed: June 2026
Practice area handled by Adv. Shipra Sinha
Last Reviewed: June 2026
A criminal appeal is a legal remedy against a judgment, conviction, sentence, acquittal, or other appealable order passed by a criminal court as available under Chapter XXXI of BNSS under Section 415 and 419 of BNSS (corresponding to Chapter XXIX of CrPC, Section 374 and 378 of CrPC). Appeals are an important stage of criminal proceedings because they allow a higher court to examine whether the decision of the lower court is legally and factually sustainable.
Criminal appeals may involve questions relating to appreciation of evidence, credibility of witnesses, procedural irregularities, admissibility of documents, sentencing, application of law, or failure to consider relevant material. The appropriate forum depends on the court that passed the order, the nature of the case, the offence involved, and the statutory provisions governing appeal.
At Samvida Law Associates, Patna, criminal appeal matters are assessed by reviewing the judgment, order on sentence, trial court record, depositions, exhibits, procedural history, grounds of challenge, custody status, and limitation for filing appeal.
This page provides general legal information on criminal appeals in Patna and Bihar. It does not constitute legal advice, advertisement, solicitation, or an invitation to create an advocate-client relationship.
A criminal appeal may be examined in situations such as:
Whether an appeal is maintainable depends on the order being challenged, statutory provisions, limitation, and forum.
A criminal appeal is not a fresh trial in the ordinary sense. The appellate court examines the judgment and the trial court record to determine whether the decision should be affirmed, reversed, modified, or remanded.
Depending on the case, the appellate court may consider:
The grounds of appeal must be carefully framed from the judgment and trial record.
An appeal against conviction may be considered where the accused has been found guilty by a criminal court. The appeal may challenge the conviction, the sentence, or both. In cases decided by the Sessions Court, an appeal against conviction in the Sessions Court in Bihar lies before the Patna High Court, where the legality of the findings, appreciation of evidence, and the sentence awarded by the trial court can be examined and challenged on both legal and factual grounds.
Common grounds may include:
The exact grounds depend on the judgment, evidence, and trial court record.
In some cases, the conviction may not be challenged, but the sentence may be questioned. An appeal or appropriate proceeding may be considered where the sentence appears excessive, disproportionate, or not in accordance with law.
Relevant considerations may include:
Whether sentence alone can be challenged depends on the facts and legal position.
An acquittal may also be challenged in appropriate cases. Such appeals may be filed by the State or complainant, subject to statutory provisions and requirement of leave to appeal where applicable.
Courts generally interfere with acquittal cautiously. Relevant issues may include:
The maintainability and procedure for appeal against acquittal must be assessed carefully.
Where a person has been convicted and sentenced, it may be possible to seek suspension of sentence and bail during pendency of appeal.
The court may consider:
Suspension of sentence is not automatic. It is a separate relief that must be supported by relevant grounds.
As regards the hierarchy of appeals in criminal matters, a first appeal against a conviction or sentence passed by the Sessions Court lies before the Patna High Court. A second appeal or further challenge thereafter lies before the Supreme Court of India. Understanding the correct forum and the stage of proceedings is essential before initiating appellate proceedings.
It may also be noted that suspension of sentence during the pendency of an appeal and the grant of bail during appeal are closely related reliefs and are often sought together. For a detailed understanding of bail and suspension of sentence, you may refer to our page on [Bail and Anticipatory Bail]
Criminal appeals must be filed within the limitation period prescribed by law. Delay in filing may require an application for condonation of delay.
Delay may be considered depending on:
It is important to obtain certified copies and assess limitation promptly after judgment.
The documents required depend on the appeal. Commonly relevant documents include:
A complete trial record is often necessary for preparing effective grounds of appeal.
Before filing an appeal, the following questions should usually be examined:
This assessment helps determine the correct forum, limitation, reliefs, and grounds of appeal.
Criminal appeals can become weak if filed without proper review of the trial record. Common mistakes include:
A criminal appeal should be drafted from the record, not merely from memory of trial proceedings.
In criminal appeal matters, the assessment generally begins with the judgment, order on sentence, and trial court record. The evidence relied upon by the trial court is reviewed to identify possible factual, procedural, or legal grounds. Engaging an experienced criminal appeal lawyer in Patna at this stage is important, as a thorough review of the trial court record often reveals grounds that may not be immediately apparent but can be decisive before the High Court.
Samvida Law Associates, recognised as a trusted criminal appeal lawyer in Patna, makes a review and assessment of the legal viability and maintainability of the case on the basis of its proprietary checklist before making any commitment, ensuring that every appeal is grounded in a careful and comprehensive analysis of the trial court proceedings.
The review may involve:
Depending on the facts and law, reliefs may include:
The relief depends on the nature of appeal and the powers of the appellate court.
A criminal appeal is a legal remedy before a higher court against a conviction, sentence, acquittal, or other appealable order passed by a criminal court.
An appeal is a statutory remedy through which a higher court re-examines the correctness of a judgment, conviction, sentence, or acquittal on both facts and law. Revision, on the other hand, is a supervisory remedy exercised by the High Court and is generally confined to examining whether the lower court has acted within its jurisdiction, correctly, and in accordance with law. Unlike an appeal, revision does not entitle the court to re-appreciate evidence as a matter of course.
Yes. An appellate court has the power to confirm, modify, or reduce the sentence awarded by the trial court. Where the sentence is found to be excessive, disproportionate to the nature of the offence, or not in accordance with the sentencing guidelines laid down by law, the appellate court may reduce it. The appellate court may also enhance the sentence in appropriate cases, particularly in appeals filed by the State against inadequacy of sentence.
Yes. An acquittal may be challenged by the State or complainant, subject to statutory provisions and requirement of leave to appeal where applicable.
Yes. In appropriate cases, the appellate court may suspend the sentence and grant bail during pendency of appeal, depending on the facts, sentence, custody period, and grounds raised.
Relevant documents may include judgment, order on sentence, FIR, charge-sheet, depositions, exhibits, statement of accused, previous bail orders, custody details, and certified copies.
Yes. Criminal appeals must be filed within the prescribed limitation period. Delay may require a separate application explaining the reasons for delay.
Ordinarily, the appellate court does not conduct a fresh trial. It examines the judgment and trial record to determine whether the decision is legally and factually sustainable.
The appellate court may examine the evidence already on record to assess whether the trial court properly appreciated it. Fresh evidence is permitted only in limited circumstances.
Suspension of sentence means temporary suspension of the operation of the sentence during pendency of appeal, subject to conditions imposed by the court.
Depending on the court that passed the order and the nature of the case, criminal appeals may be heard by Sessions Courts or the Patna High Court.
Certified copies of the judgment and order on sentence should be obtained promptly. Limitation, custody status, grounds of appeal, and suspension of sentence should be assessed without delay.
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