PART VII
OF APPEAL, REFERENCE AND REVISION
CHAPTER XXXI
OF APPEALS1
404. Unless otherwise provided, no appeal to lie. No appeal shall lie from any judgment or order of a
Criminal Court except as provided for by this Code or by any other law for the time being in force.
405. Appeal from order rejecting application for restoration of attached property. Any person
whose application under section 89 for the delivery of property or the proceeds of the sale thereof has been
rejected by any Court may appeal to the Court to which appeals ordinarily lie from the sentences of the
former Court.
[406. Appeal from order requiring security for keeping the peace or for good behaviour. Any
person who has been ordered by a Magistrate under section 118 to give security for keeping the peace or for
good behaviour may appeal against such order to the Court of Session:
2
Provided that nothing in this section shall apply to persons the proceedings against whom are laid before
a Sessions Judge in accordance with the provisions of subsection (2) or subsection (3A) of section 123.]
3[406A. Appeal from order refusing to accept or rejecting a surety. Any person aggrieved by an
order refusing to accept or rejecting a surety under section 122 may appeal against such order to the Court
of Session.]
3
* * * * * * *
408. Appeal from sentence of Assistant Sessions Judge or [Judicial] Magistrate. Any person
convicted on a trial held by an Assistant Sessions Judge, 3[or a Judicial Magistrate], 4[Special Magistrate], or
any person sentenced under section 349 5* * * may appeal to the Court of Session :
Provided as follows :
6* * * * * * *
(b) When in any case an Assistant Sessions Judge or a Magistrate specially empowered under
section 30 passes any sentence of imprisonment for a term exceeding four years, 7* * * the
appeal 8[of all or any of the accused convicted at such trial] shall lie to the High Court ;
1 For periods of limitation, see the Limitation Act, 1908 (9 of 1908), s.3 and Sch. I, second division.
2 Subs. by order 37 of 2001, s. 65 (w.e.f 14082001).
3 Subs. and ommitted by ord. 12 of 1972, s .2 and Sch.
4 Ins. by Act III of 2006, s. 21.
5 Certain words ommitted by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch.
For enforcement of this amendment in the provinces see, para 2 of foot note 3 on page 40,
6 Clause (a) of the Proviso rep. by the Criminal Law Amendement Act, 1923 (12 of 1923), s.23.
7 The words “or any sentence of transportation" omitted by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s.2 and Sch. (w.e.f 13472).
8 Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923) s. 112.
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