Code of Criminal Procedure, 1973

Chapter 29 Appeals

Section 385: Procedure for hearing appeals not dismissed summarily

  • If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given-
    1. to the appellant or his pleader;
    2. to such officer as the State Government may appoint in this behalf;
    3. if the appeal is from a judgment of conviction in a case instituted upon complaint to the complainant;
    4. if the appeal is under section 377 or section 378, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal.
  • The Appellate Court shall then send for the record or the case, if such record is not already available in that Court and hear the parties:

    Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.
  • Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not except with the leave of the Court urge or be heard in support of any other ground.


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