Discussion
A Magistrate of the Second Class passes a sentence of one month's imprisonment. The accused wants to appeal. Based on the Code of Criminal Procedure (CrPC), 1973, which of the following is true ?
Answer: A
The accused is entitled to file an appeal before the Court of Session.
Section 374(3)(a) of the CrPC provides that any person convicted on a trial held by a Metropolitan Magistrate, an Assistant Sessions Judge or a Magistrate of the First or Second Class may appeal to the Court of Session.
The petty-case bar in Section 376 does not reach this case. It shuts out appeals only in listed situations, such as a Magistrate of the First Class passing a sentence of fine alone not exceeding one hundred rupees, or a Metropolitan Magistrate passing a short sentence; a Second Class Magistrate's sentence of one month's imprisonment is not among them. An appeal does not depend on a fine having been imposed, and it does not lie directly to the High Court from a Magistrate.
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