Appeal and Revision Process in Criminal Law: A Guide for Kolkata Residents

Kolkata's judicial system enables people to appeal or revise criminal court verdicts after receiving unsatisfactory decisions. The legal process functions as a crucial mechanism to maintain fairness in judicial decisions. The process operates under the new Bharatiya Nyaya Sanhita (BNS) for cases in both the Alipore Court and the Kolkata High Court.





What is an Appeal?

A higher court receives formal appeals to evaluate decisions made by lower courts for potential modifications. The judicial system permits appeals following both convictions and acquittals depending on the specific case circumstances.

When Can You File an Appeal?

       If you are found guilty and believe the judgment is unfair

       If the punishment is too harsh

       If the trial was not conducted properly

       If you are the victim and feel the punishment is too lenient

 

The usual process for criminal appeals in Kolkata starts with the Alipore Court before moving to the Kolkata High Court.

What is a Revision?

Revision means a court that has a higher authority conducts a legal examination of criminal cases when direct appeal rights do not exist. The higher court possesses the authority to correct errors that the lower court might have committed.

When Can You Seek Revision?

       If the lower court has made a legal or factual error

       If there has been a failure of justice

       If the procedure followed was wrong

 

The Kolkata High Court accepts revision petitions that a criminal lawyer from Alipore Court can submit.

Important Courts in Kolkata for Appeal and Revision

       District and Sessions Court (Alipore Court): For appeals from Magistrate Courts

       Kolkata High Court: Handles serious appeals and revision petitions from across West Bengal

Role of Criminal Lawyers in Appeal and Revision

The services of a criminal law firm in Kolkata include drafting correct appeal or revision petitions together with legal argument presentation and ensuring timely filing. A criminal lawyer in Kolkata High Court demonstrates expertise in dealing with challenging cases during the appellate phase.

Conclusion

A criminal case defendant in Kolkata should know about the appeal process together with revision procedures which establish fairness and legal accuracy under the Bharatiya Nyay Sanhita (BNS). The process establishes fairness and legal accuracy and justice according to Bharatiya Nyay Sanhita ( BNS). Experienced criminal lawyers in Kolkata High Court provide proper legal advice which helps protect your rights to achieve the best possible outcome.

 

FAQs

1. Can every criminal case be appealed?

Not all criminal cases qualify for appeal, but most criminal judgments have valid grounds that allow appeals.

2. Where do I file an appeal in Kolkata?

The Alipore Court along with the Kolkata High Court serves as the two locations for filing appeals based on the original case level.

3. Is there a time limit to file an appeal?

The law establishes a 30 to 90 day window as the standard duration for filing appeals which varies by case.

4. Can I file both an appeal and a revision?

You need to select either an appeal or a revision based on existing appeal rights.

5. Do I need a lawyer for an appeal or revision?

A criminal lawyer from the Kolkata High Court or an Alipore Court criminal lawyer will provide you with the correct guidance.

 

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