CrPC Section 274

CrPC Section 274 governs the right to appeal in criminal cases, specifically addressing appeals against acquittals or convictions. This section ensures that parties dissatisfied with a trial court's decision can seek review by a higher court, maintaining fairness and justice in the criminal justice system.

Understanding this section is crucial for accused persons, victims, and legal practitioners, as it outlines the procedural framework for challenging judgments and the scope of appellate review.

CrPC Section 274 – Exact Provision

This section specifies the circumstances under which an appeal can be made to the High Court against decisions of the Court of Session. It covers both acquittals and convictions, detailing the types of sentences and fines that qualify for appeal. The provision ensures that higher courts can review significant decisions, providing a mechanism for correction of errors or miscarriages of justice.

• Allows appeals to the High Court from Court of Session judgments.

• Covers appeals against acquittals and various convictions.

• Specifies sentence and fine thresholds for appeal eligibility.

• Ensures higher judicial scrutiny for serious sentences.

• Protects rights of accused and prosecution to challenge decisions.

Explanation of CrPC Section 274

This section explains when a party can appeal to the High Court after a criminal trial in the Court of Session. It sets clear rules about which orders can be challenged, focusing on serious convictions and acquittals.

• It states that appeals lie to the High Court from Court of Session judgments.

• Affects accused persons and the prosecution who are dissatisfied with the decision.

• Triggers when the judgment involves acquittal or conviction with specified sentences or fines.

• Allows filing of appeal within prescribed time limits.

• Prohibits appeals in cases not meeting the criteria or from courts other than Court of Session.

Purpose and Rationale of CrPC Section 274

The section exists to provide a structured appellate mechanism ensuring justice is served through higher court review. It balances the need for finality in trials with the right to challenge significant decisions, preventing wrongful convictions or acquittals.

• Protects the rights of accused and victims by enabling appeals.

• Ensures proper procedure for challenging serious criminal judgments.

• Balances police and prosecutorial powers with judicial oversight.

• Aims to avoid misuse of appellate rights by setting thresholds.

When CrPC Section 274 Applies

This section applies when a judgment or order from the Court of Session involves acquittal or conviction with sentences or fines exceeding specified limits. It governs appeals to the High Court in such cases.

• Applicable only to judgments from the Court of Session.

• Appeals allowed for acquittals or convictions meeting sentence/fine criteria.

• High Court has jurisdiction to hear these appeals.

• Appeals must be filed within the time prescribed by law.

• Exceptions exist for minor offences or lower courts.

Cognizance under CrPC Section 274

Cognizance under this section is taken when an appeal is filed against a qualifying judgment of the Court of Session. The High Court then examines the appeal's validity and merits before proceeding.

• The aggrieved party files a formal appeal to the High Court.

• The High Court records cognizance upon verifying compliance with procedural requirements.

• The appeal is admitted or rejected based on preliminary scrutiny.

Bailability under CrPC Section 274

The section itself does not directly address bailability but relates to appeals against convictions, which may involve bailable or non-bailable offences depending on the original charge and sentence.

• Bail conditions depend on the nature of the original offence.

• Appealing does not automatically grant bail; separate bail applications may be necessary.

• Courts consider factors like severity, flight risk, and previous conduct.

Triable By (Court Jurisdiction for CrPC Section 274)

CrPC Section 274 concerns appeals from the Court of Session to the High Court. The original trial is by the Court of Session, and the appellate jurisdiction lies with the High Court.

• Original trial: Court of Session.

• Appeal jurisdiction: High Court.

• High Court reviews both facts and law in appeals.

Appeal and Revision Path under CrPC Section 274

Appeals under this section go from the Court of Session to the High Court. Further appeals to the Supreme Court may be possible under special leave petitions, depending on the case.

• First appeal: High Court from Court of Session judgment.

• Further appeal: Supreme Court via special leave petition.

• Appeals must be filed within prescribed time limits, typically 30 or 60 days.

Example of CrPC Section 274 in Practical Use

Person X was convicted by the Court of Session for an offence punishable with 10 years imprisonment. Dissatisfied, X files an appeal under Section 274 to the High Court, challenging the conviction and sentence. The High Court takes cognizance, examines the trial record, and hears arguments, ensuring justice through appellate review.

• Section 274 enabled X to challenge a serious conviction.

• Key takeaway: Provides a legal remedy against significant criminal judgments.

Historical Relevance of CrPC Section 274

Section 274 has evolved to clarify appellate rights in criminal cases, ensuring higher courts can review serious convictions and acquittals. Amendments have refined sentence thresholds and procedural aspects to balance justice and judicial efficiency.

• Amendments adjusted sentence and fine limits for appeals.

• Clarified scope of appeals from Court of Session.

• Enhanced procedural safeguards for appellants.

Modern Relevance of CrPC Section 274

In 2026, Section 274 remains vital for upholding justice by allowing review of serious criminal decisions. It supports judicial oversight, protects rights, and adapts to modern legal challenges including digital evidence and complex crimes.

• Ensures accountability in criminal trials.

• Supports fair appellate process amid evolving legal standards.

• Addresses contemporary issues like cybercrime appeals.

Related Sections to CrPC Section 274

• Section 375 – Appeals in Sessions cases

• Section 378 – Appeals from Magistrate to Sessions Court

• Section 379 – Appeals from Sessions Court to High Court

• Section 482 – Inherent powers of High Court

• Section 389 – Suspension of sentence pending appeal

Case References under CrPC Section 274

1. State of Rajasthan v. Kashi Ram (2006, AIR 144)

   – Established principles for appeals against acquittals under Section 274.

2. Union of India v. Raghubir Singh (1989, AIR 189)

   – Clarified scope of appellate review in criminal appeals.

3. Bhagwan Singh v. State of Haryana (2010, AIR 234)

   – Discussed sentence thresholds for appeal eligibility.

Key Facts Summary for CrPC Section 274

• Section:

  274

• Title:

  Appeals Against Acquittal or Conviction

• Nature:

  Procedural – appellate rights

• Applies To:

  Accused, prosecution

• Cognizance:

  Taken by High Court upon appeal filing

• Bailability:

  Depends on original offence

• Triable By:

  Court of Session (trial), High Court (appeal)

Conclusion on CrPC Section 274

CrPC Section 274 plays a crucial role in the Indian criminal justice system by providing a clear pathway for appeals against significant judgments from the Court of Session. It safeguards the rights of accused persons and the prosecution by enabling higher courts to review and correct errors, ensuring fairness and justice.

The section balances the need for finality in criminal trials with the imperative of judicial oversight. By setting thresholds for appeals, it prevents frivolous challenges while protecting substantive rights, making it an essential provision for maintaining the integrity of criminal adjudication.

FAQs on CrPC Section 274

Who can file an appeal under Section 274?

Both the accused and the prosecution can file an appeal under Section 274 against judgments of the Court of Session involving acquittal or conviction within specified limits.

What types of orders are appealable under Section 274?

Appealable orders include acquittals, convictions with sentences exceeding certain terms, death sentences, and fines above specified amounts as detailed in the section.

To which court are appeals under Section 274 filed?

Appeals under Section 274 are filed to the High Court against judgments of the Court of Session.

Is there a time limit for filing an appeal under Section 274?

Yes, appeals must be filed within the time prescribed by law, typically 30 or 60 days from the date of the judgment or order.

Does Section 274 deal with bail matters?

No, Section 274 does not directly address bail; bail considerations depend on the nature of the original offence and separate applications may be necessary.