SECTION 385 CrPC - Code of Criminal Procedure - Procedure for hearing appeals not dismissed summarily
Description
- 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?
- to the appellant or his pleader;
- to such officer as the State Government may appoint in this behalf;
- if the appeal is from a judgment of conviction in a case instituted upon complaint to the complainant;
- 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.
