415. Proviso to sections 413 and 414. Any appeal may be brought against any sentence referred to in
section 413 or section 414 1[by which any punishment therein mentioned is combined with any other
punishment], but no sentence which would not otherwise be liable to appeal shall be appealable merely on
the ground that the person convicted is ordered to find security to keep the peace.
Explanation. A sentence of imprisonment in default of payment of fine is not a sentence by which two
or more punishments are combined within the meaning of this section.
[415A. Special right of appeal in certain cases. Notwithstanding anything contained in this Chapter,
when more persons than one are convicted in one trial, and an appealable, judgment or order has been
passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of
appeal.]
2
416. [Saving of sentences on European British subjects.] Rep. by the criminal law Amendment Act,
1923 (XII of 1923), S.26.
[4l7. Appeal in case of acquittal.(1) Subject to the provisions of subsection (4), the Provincial
Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an
original or appellate order of acquittal passed by any Court other than a High Court.
3
(2) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on
an application made to it by the complainant in this behalf, grants special leave to appeal from the order of
acquittal, the complainant may present such an appeal to the High Court.
[(2A) A person aggrieved by the order of acquittal passed by any court other than a High Court, may,
within thirty days, file an appeal against such order].
4
(3) No application under subsection (2) for the grant of special leave to appeal from an order of
acquittal shall be entertained by the High Court after the expiry of��sixty days from the date of that order.
(4) If, in any case, the application under subsection (2) for the grant of special leave to appeal from an
order of acquittal is refused, no appeal from that order of acquittal shall lie under subsection (1).]
5[(5) An appeal against an order of conviction or acquittal under section 354A, 376, 376A, 377 or 377B
of the Pakistan Penal Code, 1860 (Act XLV of 1860) shall be decided within six months.]
[418. Appeal on what matters admissible.(1)] An appeal may lie on a matter of fact as well as a
matter of law 7* * *.
6
1 Subs. by the Repleaing and Amending Act, 1945 (6 of 1945), s.3 and II Sch., for “by which any two or more of the punishments therein mentioned are combined”.
2 Section 415A ins. by the Code of Criminal Procedrue (Amdt.) Act, 1923 (18 of 1923), s. 114.
3 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for the original section 417.
4 Ins. by Act XX of 1994, S.3.
5 Added by Act XLIV of 2016,s.14.
6 S. 418 was renumbered as subsection (1) of that section by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 115.
7 The commas and words “except where the trial was by jury, in which case the appeal shall lie on a matter of law only” omitted by Ordinance 12 of 1972, s.2 and Sch.
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