Magistrate of 2nd or 3rd class------

Magistrate of 1st class 407

5. Procedure of appeal:
Magistrate of 1st class or JSJ------ Court of
Session/ exceeding 5 years HCD. 408 417, 417A appeal within 60 days.

CS---HCD 410 Acquittal:

CS---HCD
MAGISTRATE----CS

By the appellant or his advocate. 419

1. Who can appeal:
Petition of appeal 419. Petition shall be
Any convicted person; Ss 407, 408, 410,
accompanied by the copy of judgement.
415A etc.
Any Public Prosecutor; acquittal Ss 417,
if he is in the jail then = copy of petition
inadequacy 417A. GR
shall be presented to the OC of the jail and
Any complainant; Ss 417, 417A. CR he shall forward the petition to proper
court.420
Dismissal of appeal 421
2. Status of parties:
6. When appeal does not lie:
Appellant and respondent
Original court and appellate court
Accused cannot appeal when he pleads his
guilt: S 412.
No appeal by the convicted in petty cases:
3. Power of Appellate court: 423 S 413: One month imprisonment or 50
taka fine.
Appellate court can apply the power like
No appeal by a convicted when tried
original court.
summarily and imposed fine not exceeding
Only limitation: appeal court can only 200 TK. Sec: 414
apply jurisdiction as to the limit of original
court
Arrest 427
Take evidence 428

4. grounds of appeal:
matter of facts and law
 Execution - (a) females; (b) males sentence to
1. Death sentence by CS 381 hanged death or to imprisonment for more than
368 five years; (c) males whom the Court
2. Pregnant woman 382 considers to be more than forty-five years
3. Imprisonment for life 383 of age. [Section 393]
4. Warrant for execution of a sentence - It is not to be inflicted if offender
== OC 384 is not in fit state of health. [Section 394]
5. When the prisoner confined ===
warrant to jailor 385
6. Fine 386
suspend or remit: 401
The Court may recover the fine in either or
both of the following ways, that is to say,  Government
it may-  Wholly or Partly
 On or without conditions
(a) attachment and sale of any movable  On application of party or on its own
property belonging to the offender; Commute: 402
Youth 399 reformatory
(b) issue a warrant to the Collector of the
District authorising him according to civil Return 400
process against the movable or immovable
property, or both, of the defaulter.
Default of payment Appeal and Revision:
Section 388 Appeal Revision
- Payment in full in thirty days 1. Re hearing No re hearing
from the date of the order, Or 2. Ques of law Ques of law
- Payment in two or three and fact
instalments, of which the first shall be 3. Appeal can It can be suo
payable in thirty days from the date of the never be suo moto
moto power
order, and
4. It is considered Not a part of
- Suspend the execution sand
as a original
release the offender, on the execution by continuation of proceeding.
the offender of a bond, with or without original
sureties, as the court thinks fit. proceeding
5. Appeal is a Discretionary
right based remedy
7. Judge, magistrate or successor remedy
officer 389 6. Acquittal to Cannot convict a
8. Whipping 391 conviction person who got
acquittal.
until fifteen days, [Section 391]
7. Petition No petition
- Mode of inflicting: as
8. No such If appealable
Government decides. [Section 392] restriction then revision
- thirty stripes=sixteen years of shall be made
age, [Section 392] after appeal
- No instalments: and 9. Presence of No need
 parties
10. 60 days No limitation

PP:
Appointment: Govt and the District
Magistrate. No police officer below the rank
prescribed by the govt. section 492

Private lawyer may work under the PP. SEC

493

Withdrawal: sec 494

Before framing charge- discharge

After framing charge- acquittal