Section 351 of CrPC : Section 351: Appeals From Convictions Under Sections 344, 345, 349 And 350

Explanation using Example

Imagine a scenario where a local shopkeeper, Mr. Sharma, is fined by a Magistrate's Court for a minor violation of municipal trade regulations (e.g., not displaying his trade license prominently). This falls under the purview of section 349 of The Code of Criminal Procedure, 1973. Mr. Sharma believes the fine is unfair and decides to appeal against the Magistrate's decision.

According to Section 351(1) of the Code, Mr. Sharma has the right to appeal to the Court that typically handles appeals from the Magistrate's Court. If he chooses to do so, the provisions of Chapter XXIX regarding appeals will apply to his case, as per Section 351(2). This means that the appellate court has the authority to change the original decision or reduce the fine imposed on Mr. Sharma.

If Mr. Sharma's case had been adjudicated by a Court of Small Causes instead, as per Section 351(3), his appeal would be directed to the Court of Session within the same sessions division.

Similarly, if the conviction had been made by a Registrar or Sub-Registrar acting as a Civil Court, under Section 351(4), Mr. Sharma would appeal to the Court of Session within the division where the Registrar or Sub-Registrar's office is located.