How do I appeal against a criminal conviction?

Under Section 374: if convicted by a Magistrate, appeal to Sessions Court within 30 days; if convicted by Sessions Court, appeal to High Court within 30-60 days; if convicted by High Court, appeal to Supreme Court. Appeals challenge the finding of guilt and/or the sentence.

Can the appellate court increase the sentence on appeal?

Yes — appellate courts can modify sentences both downward (reduce) and upward (enhance). If only the accused appeals (not the state), most courts follow the practice of not enhancing the sentence, but they have the legal power to do so.

Section 374 — Appeals from Convictions | Code of Criminal Procedure | LawCodeHub

Section 374(1): Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court. Section 374(2): Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial; may appeal to the High Court. Section 374(3): Save as otherwise provided elsewhere in this Code or by any other law for the time being in force, any person — (a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or of the second class; (b) sentenced under Section 325 or Section 360, may appeal to the Court of Session.

Explanation

Section 374 creates the appeal hierarchy for convictions in India's criminal courts. The structure flows upward: conviction by Judicial Magistrate → appeal to Sessions Court; conviction by Sessions Court → appeal to High Court; conviction by High Court in original jurisdiction → appeal to Supreme Court. The right to appeal from conviction is a fundamental part of criminal procedure — the accused can challenge both the finding of guilt (conviction) and the sentence. Appeals against sentence alone (without challenging conviction) are also possible. The appellate court can: confirm conviction and sentence; reduce or enhance sentence; acquit the accused; order retrial; or modify the conviction (e.g., reduce from murder to culpable homicide). BNSS Section 415 preserves this appeal hierarchy with the same court structure.

Appeals from Convictions

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