Section 410 in The Code of Criminal Procedure, 1989 (1933 A. D.)
410. Appeal from sentence of Court of Session.
- [(1)] [Re-Numbered by Jammu and Kashmir Act 35 of 2018, dated 7.12.2018.] Any person convicted on a trial held by a Sessions Judge, or an Additional Sessions Judge, may appeal to the High Court.(2)[ When an appeal has been filed against a sentence passed under section 376, 376A, section 376AB, section 376B, section 376C, section 376D, section 376 DA, section 376DB, section 376E of the Ranbir Penal Code, the appeal shall bedisposed of within a period of six months from the date of filing of such appeal.] [Inserted by Jammu and Kashmir Act 35 of 2018, dated 7.12.2018.][411. Appeal from sentence of Special Judge. - Any person convicted on a trial held by a Special Judge, appointed under section 259-A of this Code, may appeal to the High Court.] [Inserted vide Act XII of 1980, Section 16.][411A. Appeal from sentences of High Court. - (1) Any person convicted on a trial held by the High Court in the exercise of its original criminal jurisdiction may, notwithstanding anything contained in section 418 [x x x] [Section 411-A inserted by Act XXVII of 1957, Section 60.] or in the Letters Patent or law by which the High Court is constituted or continued, appeal to the High Court-(a)against the conviction on any ground of appeal which involves a matter of law only ;(b)with the leave of the Appellate Court, or upon the certificate of the Judge who tried the case that it is a fit case for appeal, against the conviction on any ground of appeal which involves a matter of fact only, or a matter of mixed law and fact, or any other ground which appears to the Appellate Court to be a sufficient ground of appeal ; and(c)with the leave of the Appellate Court, against the sentence passed unless the sentence is one fixed by law.(2)Notwithstanding anything contained in section 417, the Government may direct the Public Prosecutor to present an appeal to the High Court from any order of acquittal passed by the High Court in the exercise of its original criminal jurisdiction, and such appeal may, notwithstanding anything contained in section 418 [x x x ] [Omitted by Act XXXVII of 1978, Section 60.] or in the Letters Patent or law by which the High Court is constituted, or continued, but subject to the restrictions imposed by clause (b) and clause (c) of sub-section (1) of this section on an appeal against a conviction, lie on a matter of fact as well as a matter of law.(3)Notwithstanding anything elsewhere contained in any Act or Regulation, an appeal under this section shall be heard by a Division Court of the High Court composed of not less than two Judges, being Judges, other than the Judge or Judges by whom the original trial was held ; and if the constitution of such a Division Court is impracticable, the High Court shall report the circumstances to the Government which shall take action with a view to the transfer of the appeal under section 527 to another High Court.(4)Subject to such rules as may from time to time be made by the Supreme Court in this behalf, and to such conditions as the High Court may establish or require, an appeal shall lie to the Supreme Court from any order made on appeal under sub-section (1) by a Division Court of the High Court in respect of which order the High Court certifies that the case is a fit one for such appeal.]
