Browsing: Criminal Appeal Rights India
Right to File Appeal Against Conviction Is a Constitutional Right, Not Just a Statutory One: Supreme Court
By Adv. Sarita
The Supreme Court, in Nagarajan v. State of Tamil Nadu, held that the right to appeal against conviction is not only statutory but also a constitutional right. A Bench of Justices B.V. Nagarathna and Satish Chandra Sharma observed that an accused must be able to challenge both the merits and procedural aspects of a trial, ensuring fairness and due process. The Court also ruled that a High Court, while hearing an appeal filed only by the convict, cannot suo motu enhance the sentence, as appellate and revisional powers are distinct. The judgment reinforces appellate rights and procedural justice.
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