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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