Challenging conviction not inherent right of accused: HC

The right to appeal against a conviction is not an inherent right of an accused, the Bombay High Court observed in a recent judgment. This was in the context of a challenge made to a provision in the Code of Criminal Procedure (CrPC), which restricts the right to appeal in petty cases where the punishment is less than a stipulated period of imprisonment or amount of money.

In its order, a division bench of Justice Abhay Oka and Justice Sadhana Jadhav said, “There is no inherent right of appeal. If the statute creates a right of appeal, any act which prevents the accused from preferring an appeal...may be in violation of Article 21 (protection of life and liberty) of the Constitution of India. But a legislation cannot be struck down on the ground that there is a violation of Article 21 as a result of failure to provide for an appeal against a particular category of orders of conviction.” The judges went on to reject the challenge raised in the petition.

The petition challenging the provisions — Section 376 (b) and 376 (c) of the CrPC — was filed by three persons who were convicted by a metropolitan magistrate for dishonouring cheques. The value of the cheques amounted to Rs 14,35,000. The magistrate sentenced them to a minor period of imprisonment till the rising of the court. The three persons were also directed to pay a compensation of Rs 15,00,000 to the

... contd.