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The Code of Criminal Procedure, 1898

Section 417AAppeal against inadequacy of sentence

In forcePart VII OF APPEAL, REFERENCE AND REVISIONChapter XXXI OF APPEALS

Part VII OF APPEAL, REFERENCE AND REVISION

Chapter XXXI OF APPEALS

s. 417A

417A. Appeal against inadequacy of sentence (1) The Government may, in any case of conviction on a trial held by any court, direct the Public Prosecutor to present an appeal to the High Court Division against the sentence on the ground of its inadequacy. (2) A complainant may, in any case of conviction on a trial held by any Court, present an appeal to the Appellate Court against the sentence on the ground of its inadequacy: Provided that no appeal under this sub-section shall be entertained by the Appellate Court after the expiry of sixty days from the date of conviction. (3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Appellate Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.

End of s. 417A. Not in the index for this Act: Schedule (sub).

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