Appeal from the decisions of the District Court in the Civil or Criminal Matter lie to the High Court

Updated on May 19, 2026 01:36:11 PM

As per the hierarchy system of the Courts, the trial courts are subordinate to the High Court to administer the civil and criminal cases. The Code of Criminal Procedure regulates the civil court whereas the Criminal Procedure Code governs the Criminal Court.

Types of Jurisdiction

There are mainly three types of jurisdiction by which the matters are entertained by the civil or criminal court. These are as follows:

  • Territorial Jurisdiction
  • Pecuniary Jurisdiction
  • Jurisdiction with respect to the subject matter of the case

Any person who is aggrieved by the decision of the court can challenge the decision before the higher court for appeal.

Appeal Process

Appeal is considered to be a process by which the judgment or the order of the subordinate court is challenged before the high court. This can be filed by any person who is a party to the dispute and in case of the death of the person, the legal heirs or the representative files the same before the high court or can continue to maintain such an appeal.

The person who files the appeal or continues to maintain the appeal on behalf of the deceased person is known as appellant. The court which hears such an appeal is termed as appellate court. The law has not given any inherent right to challenge the order of the subordinate court. The appeal can only be filed if it is specifically allowed by the law in the specific manner as mentioned by the Specific Courts.

Appeals in Civil Matters

Appeals in Criminal Matters

  • Appeal by the Convicted Person:  Any person who is convicted for an offence punishable with imprisonment of seven years or more on a trial held by a session judge or another court may appeal to the High Court.
  • An appeal cannot be filed in the following cases  
    1. If the punishment for the crime is three months or less in jail or a fine of Rs. 200/- or less.
    2. If the fine is Rs. 100 or less, given by a magistrate of the first class, or Rs. 200 or less in a quick (summary) trial.
    3. If the accused confesses to the crime and is convicted—except when appealing against the length or legality of the sentence
  • Appeal by the State 
    • The state government can appeal to the high court for enhancement of the sentence if it is inadequate.
    • The accused has the right to challenge the enhancement.
    • The state can appeal against an order of acquittal passed by the lower court, but only if the High Court grants leave.
  • Appeal by Complainant 
    1. The complainant can appeal against an order of acquittal but must seek leave to appeal within 60 days.
    2. If the High Court refuses the application, the state cannot file an appeal.
  • Procedure 
    1. The appeal is presented in written form by the convicted person, accused, or their advocate.
    2. If the convict is in jail, jail authorities may file the appeal on his behalf.
    3. The appeal must contain clear grounds and may be dismissed without a detailed hearing if no sufficient grounds exist.
    4. Appeals through jail authorities must still be heard unless they are frivolous.
    5. If an appeal is dismissed summarily, reasons must be recorded.
  • Bail Pending Appeal  An appeal cannot be filed in these situations:
    1. If the punishment is 3 months or less or the fine is Rs. 200 or less.
    2. If the fine is Rs. 100 or less in a summary trial.
    3. If the accused admits guilt, except when questioning the legality or length of the sentence.
  • Limitation Period 
    • 30 days for appeals against a death sentence.
    • 90 days for appeals against an acquittal order.
    • 90 days if seeking special leave to appeal.
  • Court Fee 
    1. No court fee for appeals filed by convicted persons through jail authorities.
    2. Otherwise, court fees are applicable as per the Act.

Conclusion

The appeal process in the High Court ensures that individuals have the right to challenge unfair or incorrect decisions made by lower courts. While civil and criminal appeals follow specific procedures, not all cases are eligible for appeal, especially minor offenses or cases with the consent of parties. Understanding the grounds, limitations, and procedures for filing an appeal is essential to seeking justice. The appellate system plays a crucial role in upholding legal fairness, ensuring that errors in judgment can be reviewed and corrected when necessary.

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Adv. Piyush Tyagi

  • Written by: Abhishek Yadav
  • Fact-checked: Adv. Ritika Rawat
  • Updated on: March 23, 2026

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