Source: Supreme Court  

Why in News? 

Recently the Supreme Court observed that the right of an accused to file an appeal against conviction is not only a statutory right but also a constitutional right.  

• The aforesaid observation was held in the matter of Nagarajan v. State of Tamil Nadu (2025). 

What was the Background of Nagarajan v. State of Tamil Nadu (2025) Case? 

Facts:  

• Parties: Nagarajan (appellant/accused) was a neighbor of deceased Smt. Mariammal. 
• Incident Night (11th July 2003):  
  • Appellant entered the deceased's room at night.  
  • While hugging her, attempted to outrage her modesty. 
  • The mother-in-law of the deceased intervened and scolded the appellant. 
  • Appellant fled from the premises. 
• Next Day (12th July 2003):  
  • At around 5:00 AM, the mother-in-law found the deceased and her infant daughter missing. 
  • Searched for them and enquired about their whereabouts. 
  • The deceased had earlier visited the school where her elder daughter (Class III) was studying. 
  • Attempted to take the elder daughter away but teachers refused due to the warden's absence. 
• Tragic End:  
  • The deceased went to a nearby field with her infant (one and half years old). 
  • Committed suicide by consuming oleander seeds. 
  • Also administered poison to her infant child. 
  • Both were discovered by a passerby grazing cattle who alerted village watchman. 
  • Child was alive when found but declared dead at hospital. 
• Legal Proceedings:  
  • FIR No. 239/2003 registered under Section 306 of the Indian Penal Code, 1860 (IPC).  
  • Charge sheet filed on 30th October 2003. 
  • Case committed to Mahila Court, Fast Track Court, Dindigul. 

Trial Court Judgment: 

• Charges Altered: From Section 306 to Sections 354 and 448 IPC. 
• Verdict (29th May 2015):  
  • Acquitted under Section 306 IPC (abetment of suicide). 
  • Convicted under Sections 354 and 448 IPC. 
  • Reasoning: Actions did not constitute abetment of suicide as appellant did not instigate deceased to commit suicide. 
• Sentence:  
  • Simple imprisonment for 3 years and 1 month + fine of Rs. 25,000/- (Section 354). 
  • Simple imprisonment for 3 months (Section 448). 
  • Default imprisonment of 3 months if fine not paid. 

High Court Proceedings: 

• Appeal by Accused: Filed Crl. A. (MD) No. 137/2015 against conviction. 
• Suo Motu Revision: High Court initiated Crl. R.C. (MD) No. 248/2015. 
  • Formed view that acquittal under Section 306 required examination. 
  • Appointed Amicus Curiae to assist. 
  • Neither State nor victim had appealed against acquittal. 
• High Court Judgment (29th November 2021):  
  • Dismissed criminal appeal by appellant. 
  • Allowed suo motu revision. 
  • Convicted appellant under Sections 306 and 448 IPC. 
  • Enhanced Sentence: Rigorous imprisonment for 5 years + fine of Rs. 5,000/- (Section 306). 
  • Reasoning: Appellant played an active role in tarnishing self-esteem of deceased by outraging her modesty, thereby instigating suicide. 

Current Status: 

• Appellant has challenged the High Court’s verdict by filing Criminal Appeals before the Supreme Court. 

What were the Court’s Observations? 

The observations were made by the bench comprising of Justice BV Nagarathna and Justice Satish Chandra Sharma while setting aside a judgment of the High Court which had enhanced the sentence of an accused suo motu during the hearing of the accused's own appeal. 

• Right to Appeal: A Vital Safeguard for Accused: 
  • The right of appeal is an invaluable right, especially for the accused, who cannot be condemned solely by a Trial Court’s decision. 
  • This right is twofold: 
    • Statutory rights under procedural laws like CrPC. 
    • Constitutional rights, rooted in principles of fair trial and natural justice. 
• Scope of an Appeal by an Accused: 
  • An accused can: 
    • Challenge the conviction and sentence on merits. 
    • Raise procedural flaws, improprieties, and lapses committed by the Trial Court. 
  • The appellate court has a duty to: 
    • Examine the entire case from the perspective of the accused. 
    • Decide whether to: 
      1. Set aside the conviction and acquit the accused, or 
      2. Remand for re-trial, or 
      3. Reduce the sentence while maintaining the conviction, or 
      4. Dismiss the appeal altogether. 
• Limitations on High Court's Jurisdiction: 
  • While exercising appellate jurisdiction, the High Court cannot assume the role of a revisional court. 
  • Enhancement of sentence is not permissible in an appeal filed solely by the accused, especially: 
    • When no appeal or revision has been filed by the State, victim, or complainant. 
  • Suo motu revisional powers under Section 401 CrPC: 
    • Cannot be invoked to enhance punishment while entertaining an appeal filed only by the accused. 
    • Would be a violation of the principles of fair trial and appellate justice. 
• Final Holding of the Court: 
  • The High Court acted beyond its jurisdiction by: 
    • Enhancing the sentence under suo motu revision, while adjudicating only on the accused's appeal. 
  • Therefore, the Supreme Court: 
    • Set aside the High Court’s judgment that enhanced the sentence. 
    • Reaffirmed that appellate powers and revisional powers are distinct and must not be conflated, especially to the detriment of the accused. 

What is the Right to Appeal? 

• Overview:  
  • The right to appeal is a legal entitlement that allows parties to challenge lower court decisions in higher courts and is recognized under Article 21 of the Constitution of India.  
  • It is a statutory right, not an inherent right, and can only be exercised within the framework of specific statutes that grant it.  
  • The law governing the right to appeal is the one in force when the lawsuit was filed, not when the decision is made or appeal is filed.  
  • Historical Development: 4. Ancient India based justice on dharma, where people could approach the king or local courts for redressal.  
• The British rule formalized the legal system by introducing:   
  • Civil Procedure Code (1908) for civil suits.  
  • Criminal Procedure Code (1898) for criminal appeals.  
• Post-independence developments included:   
  • Constitutional recognition of access to justice as a fundamental right.  
  • Establishment of the Supreme Court as the highest appellate authority.  
  • Empowerment of High Courts to hear appeals from lower courts.  
• Right to Appeal Characteristics:   
  • It is a substantive right that vests from the beginning of the case but is exercised only after an unfavorable judgment.  
  • The statute granting the right can impose conditions for its exercise and alter the forum of appeal.  
  • The right combines influences from Hindu legal traditions (mediation) and Islamic legal system (fair trials and appeals).  

What are the Legal Frameworks of Right to Appeal?  

The Code of Criminal Procedure, 1973 (CrPC): 

• Section 374 CrPC establishes a hierarchical system of appeals, allowing convicted persons to appeal to three levels of courts - the Supreme Court, High Court, and Court of Session, depending on which court convicted them.  

Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS): 

• It establishes a three-tiered appellate structure:   
  • Supreme Court for High Court convictions.  
  • High Court for Sessions Court convictions with 7+ year sentences.  
  • Sessions Court for Magistrate convictions.  
• For High Court convictions [Section 415(1)]:   
  • Appeals lie to the Supreme Court.  
  • It only applies to extraordinary original criminal jurisdiction cases.  
  • No minimum sentence requirement specified.  
• For Sessions Court convictions [Section 415(2)]:   
  • Appeals lie to High Court.  
  • Applies to trials by Sessions/Additional Sessions Judges.  
  • Also covers cases with 7+ year sentences from other courts.  
  • Includes co-accused convicted in same trial.  
• For Magistrate Court convictions [Section 415(3)]:   
  • Appeals lie to Sessions Court.  
  • Covers first class and second-class Magistrate trials.  
  • Includes sentences under section 364.  
  • Covers orders/sentences under section 401.  
• Special time limit [Section 415(4)]:   
  • 6-month disposal deadline.  
  • Applies to appeals against sentences under specified sections of Bharatiya Nyaya Sanhita, 2023.  
  • Time starts from appeal filing date.  

Right to Appeal under Section 96 of CPC:  

• Under Section 96 of CPC, any party adversely affected by a decree passed by a court exercising original jurisdiction has the right to file a first appeal.  
• Legal representatives of deceased parties (under Section 146) and transferees whose names are recorded in the suit can also appeal.  
• Non-parties to the suit can only appeal if they obtain special leave from the appellate court and can prove they are bound, aggrieved, or prejudicially affected by the decree.  

Right to Appeal under Article 21 Constitution of India,1950 and Statutory Law:  

• The right to appeal is recognized as part of the fundamental right to life and personal liberty under Article 21 of the Constitution of India.  
• It is not an inherent right but a substantive right granted through specific statutes.  
• The right vests at the beginning of the case but can only be exercised after an unfavorable judgment.  
• The law governing the appeal is the one in force when the lawsuit was filed, not when the decision is made, or appeal is filed.  
• While statutes can impose conditions on exercising this right, these conditions cannot be so restrictive as to make the right meaningless, as noted by Justice Khanna.