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The short answer
A criminal appeal against conviction by a Magistrate goes to the Sessions Court; against conviction by a Sessions Court it goes to the Orissa High Court (Section 415 BNSS). The time limit is generally 30 days for the Sessions Court and 60 days for the High Court, from the date of sentence. The appellate court can suspend the sentence and grant bail under Section 430. Orders that cannot be appealed may be challenged in revision within 90 days.
Criminal appeal in the Orissa High Court or Sessions Court: the starting point
A criminal appeal in the Orissa High Court, or in a Sessions Court in Odisha, is available only where the law provides one: Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, formerly Section 372 CrPC) says no appeal lies from a judgment or order of a criminal court except as the BNSS or another law provides. Appeals are in Chapter XXXI of the BNSS (Sections 413 to 435) and revisions in Sections 438 to 445. For cases decided under the old Code, the corresponding CrPC sections (372 to 394 and 397 to 402) are often still cited.
In short: an appeal is a full rehearing on facts and law by a higher court; a revision is a narrower check on whether a finding, sentence or order is legal, correct and proper, and is often used against orders that cannot be appealed.
Where an appeal against conviction lies
| Convicting court | Appeal to | BNSS section |
|---|---|---|
| Judicial Magistrate (First or Second Class), Chief Judicial Magistrate | Sessions Court of the district | 415(3) |
| Sessions Judge or Additional Sessions Judge, or any other court passing a sentence of more than seven years | Orissa High Court, Cuttack | 415(2) |
| Special Court under the SC/ST (Prevention of Atrocities) Act | Orissa High Court (Section 14A of that Act) | — |
| High Court in its original criminal jurisdiction | Supreme Court | 415(1) |
There is no appeal in certain petty cases where only a small fine or a short sentence is imposed (Section 417), and none where the accused pleaded guilty and was convicted on that plea, except as to the extent or legality of the sentence. The State may also appeal against an inadequate sentence (Section 418).
Appeal against conviction: limitation
Time limits come from the Limitation Act, 1963, counted from the date of the sentence or order:
| Appeal | Time limit | Limitation Act |
|---|---|---|
| From a sentence of death | 30 days | Article 115(a) |
| Any other sentence or order (not acquittal), to the High Court | 60 days | Article 115(b)(i) |
| Any other sentence or order (not acquittal), to any other court (e.g. Sessions Court) | 30 days | Article 115(b)(ii) |
| Appeal by the State against acquittal | 90 days | Article 114(a) |
| Appeal against acquittal after special leave is granted | 30 days from the grant of leave | Article 114(b) |
| Criminal revision | 90 days | Article 131 |
| Appeal under Section 14A, SC/ST (Prevention of Atrocities) Act | 90 days (delay up to 180 days may be condoned) | Section 14A(3) of that Act |
The time taken to obtain a certified copy of the judgment is excluded (Section 12, Limitation Act), so apply for the certified copy promptly. A delayed appeal can be filed with an application to condone delay under Section 5, explaining the cause day by day. The Limitation Act articles refer to the old Code by its earlier numbering; courts apply them to the corresponding provisions.
Appeal against acquittal
- By the State (Section 419): the Public Prosecutor can appeal, on the State Government's direction, to the High Court against an acquittal by a Sessions Court or an appellate order, but only with the High Court's leave. In the Orissa High Court the leave petition is a CRLLP case. Against a Magistrate's acquittal in a cognizable and non-bailable offence, the District Magistrate may direct an appeal to the Sessions Court.
- By the complainant in a case started on a complaint: the complainant needs special leave of the High Court, applied for within six months if the complainant is a public servant and within 60 days in other cases.
- By the victim (proviso to Section 413): a victim can appeal against an acquittal, a conviction for a lesser offence or inadequate compensation. The Supreme Court held in Mallikarjun Kodagali v. State of Karnataka (2018) that the victim does not need leave. In Subhas Chandra Sarkar v. State of West Bengal (2026), it held that a victim's appeal against a Magistrate's acquittal lies to the Sessions Court, the court that would hear an appeal from a conviction by that Magistrate.
Suspension of sentence pending appeal
Filing an appeal does not by itself stop the sentence. Under Section 430 BNSS (old Section 389 CrPC), the appellate court may, for reasons recorded in writing, suspend the sentence and release the appellant on bail or bail bond while the appeal is pending.
- For offences punishable with death, life imprisonment or ten years or more, the Public Prosecutor must be given an opportunity to show cause in writing against release.
- Where the sentence is three years or less, or the offence is bailable, the convicting court itself may grant bail for a period to allow the appeal to be filed (Section 430(3)).
- Courts usually consider the length of the sentence, the time already served, the likely delay in hearing the appeal and whether there are arguable points. For a fixed-term sentence where the appeal cannot be heard soon, suspension is often considered favourably; for life sentences the approach is stricter.
In the High Court the request is made by an interlocutory application in the appeal. If a fine is imposed, a stay of the fine can be sought too.
Criminal revision
Under Section 438 BNSS (old Section 397 CrPC), the High Court or a Sessions Judge may call for the record of an inferior criminal court to examine the correctness, legality or propriety of any finding, sentence or order. Important limits:
- No revision lies against interlocutory orders (Section 438(2)).
- A person who has chosen to file a revision before the Sessions Judge (Section 440) cannot file a further revision on the same matter before the High Court (Section 438(3)). The High Court's inherent power under Section 528 (old Section 482) is available only in exceptional cases.
- Where an appeal lies but was not filed, a revision is not entertained at the instance of that party (Section 442).
- In revision, the High Court cannot convert a finding of acquittal into one of conviction; it can order a retrial.
Common uses of revision in Odisha include challenges to orders framing or refusing to frame a charge, discharge orders and maintenance orders, subject to the interlocutory-order bar. For challenges to an FIR itself, see quashing an FIR in the Orissa High Court.
Filing a criminal appeal in the Orissa High Court, Cuttack
The Orissa High Court registers criminal matters by case type, including CRLA (criminal appeal against judgment or sentence), JCRLA (jail criminal appeal), GCRLA (government criminal appeal), CRLLP (leave to appeal against acquittal), CRLREV (criminal revision) and DSREF (death sentence reference for confirmation). Papers usually needed:
- Certified copy of the judgment and sentence (and of the lower appellate judgment, if any).
- Memorandum of appeal or revision setting out the grounds.
- Vakalatnama in favour of the advocate.
- Application for suspension of sentence and bail, if the appellant is in custody.
- Application for condonation of delay, if filed late.
The High Court calls for the lower court records (LCR) once the appeal is admitted. A convicted person in jail who cannot engage an advocate can send an appeal through the jail superintendent, which is registered as a jail appeal, and can seek free legal aid from the High Court Legal Services Committee (see free legal aid in Odisha). Check the High Court's current e-filing and filing requirements on its official website, and follow the case on eCourts.
What the appellate court can do
The appellate court can dismiss the appeal, reverse the finding and acquit, order a retrial, alter the finding, or reduce or alter the sentence. The sentence cannot be enhanced without giving the accused a chance to be heard against enhancement. The stages that come before an appeal are described in the criminal case process in Odisha. Information on criminal matters handled is on the criminal practice area page, and court details are under courts.
Odia terms used in this guide
| Odia | Transliteration | Meaning |
|---|---|---|
| ଅପିଲ | apila | appeal |
Frequently asked questions
What is the limitation for an appeal against conviction?
Under Article 115 of the Limitation Act, 60 days for an appeal to the High Court and 30 days for an appeal to any other court, such as the Sessions Court, from the date of sentence; 30 days from a death sentence. Time to obtain the certified copy is excluded, and delay can be condoned for sufficient cause.
Can a victim appeal against acquittal?
Yes. The proviso to Section 413 BNSS lets a victim appeal against an acquittal, a conviction for a lesser offence or inadequate compensation, without needing leave. The appeal goes to the court that would hear an appeal from a conviction by the trial court.
What is the difference between a criminal appeal and a criminal revision?
An appeal is a full rehearing on facts and law and is available only where the law provides it. A revision under Sections 438 to 442 BNSS is a narrower examination of the legality or propriety of an order, and is not available against interlocutory orders.
Can the sentence be suspended while the appeal is pending?
Yes. Under Section 430 BNSS the appellate court can suspend the sentence and release the appellant on bail, for reasons recorded in writing. For serious offences the Public Prosecutor must first be heard.
Can I file a revision in the High Court after the Sessions Court dismissed my revision?
No second revision lies by the same person under Section 438(3) BNSS. The High Court's inherent power under Section 528 can be invoked only in exceptional cases.
How long does the State have to appeal against an acquittal?
Ninety days from the order under Article 114 of the Limitation Act, and the appeal to the High Court needs the High Court's leave under Section 419 BNSS.
Official sources
- Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code)
- Limitation Act, 1963 (India Code)
- Orissa High Court, Cuttack (official website)
- Kerala Prisons Department: BNSS and CrPC comparison summary
- eCourts services: case status and orders
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.