June 8, 2024

An appeal is a legal process in the Indian judiciary system where a party requests a higher court to review and change the decision of a lower court. It serves as a crucial mechanism for correcting errors and ensuring justice. The right to appeal is not automatic and must be based on provisions specified in laws such as the Code of Civil Procedure, 1908 (CPC), and the Code of Criminal Procedure, 1973 (CrPC). Appeals can be filed in civil, criminal, and administrative cases. The Supreme Court of India, High Courts, and District Courts have jurisdiction to hear appeals. There are various types of appeals: First Appeal (against original court decisions), Second Appeal (against first appellate court decisions on substantial questions of law), and Special Leave Petition (SLP) to the Supreme Court under Article 136 of the Constitution. The appellate court reviews the case record, hears arguments, and can affirm, reverse, modify, or remand the case back to the lower court. In criminal cases, the accused, the state, or the complainant can appeal, while in civil cases, the aggrieved party can do so. The appellate process ensures checks and balances, maintaining the integrity and fairness of the judicial system.


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