'Appeal against decision of acquittal or conviction or against sentence - national proceedings' in document 'Bangladesh - Code of Criminal Procedure'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XXX - OF PREVIOUS ACQUITTALS OR CONVICTIONS

408. Any person convicted on a trial held by a Joint Sessions Judge,Metropolitan Magistrate or any Judicial Magistrate of the first class, may appeal to the Sessions Judge:

Provided as Follows :

(a)When in any case a Joint Sessions Judge passes any sentence of imprisonment for a term exceeding five years, the appeal of all or any of the convicted persons shall lie to the High Court Division;

(b)When any person is convicted by a Metropolitan Magistrate or Judicial Magistrate specially empowered to try an offence under section 124A of the Penal Code, the appeal shall lie to the High Court Division.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XXX - OF PREVIOUS ACQUITTALS OR CONVICTIONS

410. Any person convicted on a trial held by a Sessions Judge, or an Additional Sessions Judge, may appeal to the High Court Division.

417. (1) Subject to the provisions of sub-section (4), the Government may, in any case, direct the Public Prosecutor to present an appeal-

(a) to the High Court Division from an original or appellate Order of acquittal passed by any Court of Session;

(b) to the Court of Session from an original or appellate Order of acquittal passed by any Magistrate.

406 (2) Notwithstanding anything contained in section 418, if such an order is passed in any case instituted upon complaint, and if the order involves an error of law occasioning failure of justice, the complainant may present an appeal-

(a) to the High Court Division from an original order of acquittal passed by any Court of Session;

(b) to the Court of Session from an original order of acquittal passed by any Magistrate.

(3) No appeal by the complaint from an order of acquittal shall be entertained by the High Court Division or a Court of Session after the expiry of sixty days from the date of the order of acquittal.

(4) If, in any case, the admission of an appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1).