appeal

An appeal is a statutory right: it exists only where a law provides for it. A first appeal under s.96 CPC lies from every original decree and is a rehearing on both facts and law. A second appeal to the High Court under s.100 lies only on a substantial question of law. Appeals from certain orders lie under s.104 and Order XLIII.

In criminal law, an appeal lies only as provided by the BNSS: against conviction, against acquittal (by the State, or by a victim), and against inadequate sentence. Constitutionally, the Supreme Court hears appeals under Articles 132 to 134 and by special leave under Article 136. Appeal differs from revision (supervisory) and review (by the same court).

Example

Since the decree was passed by the Senior Civil Judge on a property dispute, the defendant filed a first appeal under s.96 CPC on both facts and law.

In Indian law

• Sections 96 and 100, Code of Civil Procedure, 1908; Order XLI
• Section 413, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.372 CrPC): no appeal unless otherwise provided
• Articles 132 to 136, Constitution of India

See also

second appeal · revision · review · special leave petition

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Classification of administrative action (Administrative Law)
• Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
• Administrative discretion and its judicial review (Administrative Law)
• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)