An appeal against a conviction or sentence of the Court of Session lies to the Calcutta High Court, and it is filed as a criminal appeal with a certified copy of the judgment and order, a memo of appeal setting out the grounds, and an application to suspend the sentence and release the appellant on bail while the appeal is pending. Filing is not a re-trial on the papers: the High Court examines the record of the trial court and hears the appeal on the grounds you raise, so the grounds and the record are where the work lies. Current procedure is governed by the Bharatiya Nagarik Suraksha Sanhita 2023, which replaced the Code of Criminal Procedure, and by the High Court's appellate rules and practice directions.
Who can appeal and to which court
The convicted person can appeal, and so can the state in the situations the law allows. Whether the appeal lies to the High Court or to the Sessions Court depends on who conducted the trial and on the sentence:
- Where the trial was held by the Court of Session, the appeal against conviction lies to the High Court.
- Where the trial was held by a Magistrate, the appeal in the ordinary case lies to the Sessions Court, and to the High Court only within the situations the law specifies.
- An appeal against an acquittal can be filed by the state, and in certain cases by the complainant, on the grounds the statute provides.
Because the route and the limitation follow the sentence and the trial court, fix these precisely before drafting. The wrong court means delay and a fresh limitation problem of its own.
Documents you will need
- Certified copy of the judgment and the order of sentence.
- Memo of appeal and grounds of appeal.
- Vakalatnama in favour of the advocate.
- Application for suspension of sentence and bail pending appeal, with an affidavit.
- Certified copies of the material evidence and the exhibits you rely on.
- Copy of the chargesheet, and the trial court record references.
- Proof of the fee the High Court rules prescribe; confirm the current amount at the filing counter.
- An application for condonation of delay, if the appeal is beyond the limitation.
Steps, in order
- Apply at once for the certified copy of the judgment and sentence, because the limitation runs as the law provides from the date of the sentence or order.
- Confirm whether the appeal lies to the High Court or the Sessions Court on the facts of the trial.
- Engage an advocate, execute the vakalatnama, and settle the grounds of appeal from the record.
- Prepare the memo of appeal, the bail application and, if needed, the condonation application.
- File the appeal at the filing counter with the prescribed copies and fee, and obtain the appeal number.
- Move the application for suspension of sentence and bail promptly, since the appellant may be in custody meanwhile.
- Serve notice and the appeal copies on the state and the complainant as the court directs.
- Attend the admission hearing, then the final hearing, and comply with any directions on the paper book and submissions.
Time limits and what happens if you miss them
The appeal must be filed within the limitation period the law fixes for an appeal against a conviction or sentence, counted from the date of the judgment or sentence as the statute states. If the period has run, the appeal is not lost, but it will not be heard on the merits unless you file a separate application for condonation of delay with an affidavit showing sufficient cause. Because the period differs with the sentence and the court, confirm the applicable article of the Limitation Act and the rule before you compute it, and do not carry over a figure from another case.
Common mistakes that get an appeal dismissed or delayed
- Filing in the wrong court, or filing without the certified copy of the judgment.
- Waiting for the copy while the limitation runs, without preparing a condonation application.
- A late or missing application for suspension of sentence, leaving the appellant in custody.
- Grounds that repeat the trial arguments instead of identifying errors in the judgment.
- Not calling for and reading the trial court record before settling the grounds.
- Missing the court's directions on the paper book or on service, which stalls the appeal.
How we can help
A criminal appeal turns on the record and the grounds, so the work begins with the trial court's judgment and evidence. Our criminal law service handles appeals, bail and trial matters, and if you need the drafts for an application or a memo of appeal, our legal formats section has common forms you can adapt. Bring the certified copy and the trial record when you raise the matter through the criminal law page or by contacting our office. Our published consultation and appearance fees are on our pricing page.
Questions we are asked
Will I get bail during the appeal?
Bail pending appeal is decided on an application to suspend the sentence. The court weighs the sentence, the grounds and the appellant's conduct, and it is not automatic; the application should be filed with the appeal, not left for later.
Can I file the appeal without an advocate in the High Court?
It is possible to appear in person, but the drafting of the grounds and the record work are difficult without professional help, and the court's rules assume a properly drafted memo of appeal.
How long does a criminal appeal take?
It varies with the court's list, the volume of the record and whether interim applications are contested. We do not promise a timeline; the appeal number and the stage are tracked on the court's portal.
Can the state appeal against my acquittal?
Yes, in the situations the law allows, and the grounds are limited to those the statute specifies. If that happens to you, you become the respondent and must be ready with the record.