14th Lecture Series Delhi High Court Consultancy Group Lawyers "Argument in Criminal Appeals CRLA"

Ajouté : 2026-05-23

[00:00:15]Good summer [clears throat] and senior police officer.

[00:00:29]Is that it?

[00:00:35][sighs] It's easy.

[00:01:05]Check.

[00:01:16]>> Huh?

[00:02:31]will be going to be happy.

[00:02:46]Yeah.

[00:02:49]That child.

[00:06:14]Hallelujah.

[00:06:16]Amen.

[00:06:40]Okay.

[00:07:02]So bar association has immediate immediate meeting on the issue of jurisdiction which is getting down for district court.

[00:07:25]secretary starting working at 4:30 he can come around 5:15 he's the vice president of baby goodbye meeting for the complete institution.

[00:07:54]So if he's able to come he will otherwise we have two speaker one Super 420 43 button Okay.

[00:08:52]Can you make one simple suggestion today?

[00:09:12]I know nothing.

[00:09:16][clears throat] message.

[00:09:59]I'm just also waiting for >> [clears throat] >> So 450 420 we have two speakers.

[00:11:00]2 minutes. We wait for shall we? Yes, please.

[00:11:33]Well, thank you very much and uh I welcome you all on our 40th lecture series with a title criminal appeal arguments in criminal appeal which is the most important topic. Why? Because Delhi High Court is an appeal court. So one should understand how an appeal is filed, what is to argued in an appeal and what important part should be taken care by the respective councils. But before that it is important for me to tell the lecture series that we conduct every day our Friday lecture group and our Mr. K Singh Nandita G who will be joining now Mr. Nazin and me Sudhir Kumar. So we always try to involve the concerned specialist speaker, the seniors advocate who can give us the vide wisdom on specific topics. But apart from them, this is our very we can say that an honest approach to meet all those advocate who are able to speak or able to say some good points insights on those topics which are the part of today's program. So this is a wonderful thing that our organization is approaching all the people especially from the consultation block the educates who are working hard and sometime even if they miss the point they should understand and every educate should understand what need to be taken care in their mind and wisdom because without that it is not easy to go and fight for an appeal. Now before that I welcome our two speakers misses Kakar and Mr. Janer and I need to make one important announcement chief speaker senior advocate Mr. certain quilities were not able to make though he has promised that we might can come because there's a very important issue on the community jurisdiction for which Delhi High Court Bar Association has convened an important meeting was an urgent meeting.

[00:13:40]So our landed senior is there and attending because also the I mean vice president of Delhi High Court Bar Association. So we'll be hoping that our senior advocate Mr. Satin Puriji will be joining us but before that we have a necessary program that to be conduct right now in the timely manner. So here we are and now I'm passing on Mr. KK Singh to please give some good introduction to our two and speaker over here. Thank you K.

[00:14:08]Thank you.

[00:14:18]>> [snorts] >> 14 months period.

[00:14:37]Lecture success.

[00:14:53][applause] Speaker criminal.

[00:15:18]Criminal important Foreign speech. Foreign speech. Foreign speech.

[00:15:45]Let [applause] us say I request to >> [applause] >> Today we are on the 14th lecture of Delhi High Court Consultancy Room.

[00:16:18]Indeed within a short span of time as I understand Sachin Puri senior advocate the vice president agent of the bar would be reaching but because of certain last time pro difficulties he is not in a position to come in time in the meanwhile I was also trying to get in touch with Mr. Botham das advocate on record in Supreme Court. He is also seems to be having some little busy schedule otherwise also we have got one of our two prominent young dynamic lawyers of our bar Mr. Janki is I understand would be somewhere around 15 years of standing.

[00:17:07]Kakar would be somewhere around 67 years of standing and both of them are also having a good practice both in criminal matters also.

[00:17:21]Today's topic as all of us knows that criminal appeal the argument only criminal appeals as such we have organized the program on criminal appeal only apart from that how we will argue the cases in the criminal appeal or how to start with our criminal appeal arguments because whenever the criminal appeal is filed sometimes it is in Delhi high court we are talking about. Now we have also the criminal appeal in district courts wherein the the penalty period is lesser. Whereas in high court wherever there are certain matters which has been dealt before the district and the additional decision where the sentence is above 7 years of show wherein where the charges are being framed for those provisions on those the criminal appeals are being filed before our Delhi High Court with the nomen CRA.

[00:18:25]Most of the times when you file the criminal appeal sometimes there are certain delays also for that the delay application is also filed along with the criminal appeal and once the criminal appeal is filed criminal appeal is a appeal of a right as everybody understands. So normally what it happens is criminal appeal is admitted and thereafter when the matter comes it comes after say around 4 5 7 years whatever the period are for the convenience of the registry of the high court. So those matters get placed. When the matter gets listed before the court, what would be the kind of argument wherein are they appalent will be arguing or when we other side also what would be our style? So now I will give to one of our upcoming young You can say that this is the nation wants the ladies to also come forward and as we understand in Delhi we have a good number of laders and in a you know systematic manner we had used to we also used to think about that to also certain lady in our programs she has got I have seen her practice also she is a She is having a good practice. She has done the five year law course also from Delhi research. So we'll hear hear on criminal appeal. How to argue a criminal appeal or how to start or from where to start?

[00:20:12]Let us understand.

[00:20:16][applause] >> A very good afternoon to all of you. I I'm audible.

[00:20:29]>> Yes, >> I feel very preh privileged sitting here and sharing my views on the topic criminal appeal. Thank you and the entire team for inviting me and having me here. So the topic today is criminal appeal in Delhi High Court. So the concept of appeal as we talk it has come from a a thought that humans can do errors.

[00:20:57]So that is why even judges are humans.

[00:20:59]They can also do errors while passing the orders. So the provision of appeal has come into picture.

[00:21:07]The appeal occupies a very significant role in criminal judice prudence because in appeal a accused or the complainant whoever files the appeal gets a second chance. That means in appeal the evidences which has already been appreciated, it gets reappreciated.

[00:21:31]So it it strong uh it strengthens the uh idea of having faith in the judiciary, a hope to the complaint or the accused.

[00:21:44]Today when I talk about criminal appeal, it is a statuto remedy available against the conviction, acquitt, sentence or inadequate compensation.

[00:21:59]The appate powers the court has been uh very widely been written under the CRPC.

[00:22:08]Now uh Bharti Anad Suraka Sanjuta act 2023 where there are several sections on which how the appeal can be filed before the Delhi High Court before the sessions court and this uh sections has been let down. The procedure has been let down very widely in which all the powers of the court all uh the statuto remedies what one can avail has been written.

[00:22:38]Today I will be focusing on how a criminal appeal has to be drafted or how an advocate should present their appeal before the honorable Delhi High Court.

[00:22:52]So before first First before starting of appeal, drafting of an appeal, it is very important to everybody who is drafting an appeal there is a presumption against you because there is a impute order against you against which you are going to file an appeal. So it is a big task because the judge has already passed in judgment and the honorable Delhi High Court or the Sessions Court or the Appalate Court whatever the court there is a judgement.

[00:23:24]So they might have a inclination that the judgment is right. So here comes the advocate the duty of the advocate. How to convince him how to even make your appeal maintainable or you know admit your appeal.

[00:23:41]So for that it is very important the facts because the law is same for everybody but in a criminal matter the facts varies. So the narration of facts is the key role. So while narrating the facts just keep one thing in mind. Don't copy and paste from the F.

[00:24:05]Take the facts from the judgments the impedance. Merely pointing out finger in the imbued order that this is wrong. The law trial court has not paid any heed to my arguments. This will not going to help. You need to convince the court that how that case against you is made out that then only the appeal will be admissible. So for that keep in mind the narration of the facts. The narration of the facts the grounds everything has to be from the judgment not from the FIR as it is. Otherwise there will be no uh you know the judge will be like if the If there is a judgment then why should I hear on the facts? What is the new in this appeal? Right? So merely criticizing will not help and while narrating the facts it is the primary duty of the advocate to fit in the mind of the judge that two views are possible.

[00:25:10]Once the judge gets an idea that there is some other explanation or there is some other theory or the chain of events have been broken then he will be inclined to even pay heed to your criminal appeal. Right? And the second and the foremost point is while hearing in an appeal, it is very important that an advocate should keep in mind whether the statuto requirements in the learner trial court has been met or not. By statuto requirements I mean uh opinion of the doctor whether it is signed the medical the Nancy which has been conducted how the evidence the arrest Caesar memo how these things have been made out whether the chain has been broken or not everything as per the law there are sections which determine how the evidence has to be procured how the seizure memo has to be made. So all those compliances have been done or not because for an accused if I will talk on behalf of the accused a single irregularity help him to come out of the case. So that change that lacunas that advocate has to find after that then comes the important part the evidence because when the proceedings were pending before the learned trial court he has seen all the evidences all the witnesses their posture how they have me how uh they have come to court what they are deposing how they are deposing so he forms an opinion but in a Delhi high court or in an appellet court what you have is only their uh uh what do you say your statements you can't bring the witnesses their posture their conduct the high court will not go into that so for an advocate it is it is very important that you prepare the uh list of witnesses from P1 then to the defendant witnesses and prepare them in a chronolog uh uh in order in a tabular form so that whenever a judge asks you something you should be well prepared and by doing that you will be able to rule out the irrelevant witnesses. By the irrelevant witnesses I mean that some witnesses are only being called like uh whether the FIR was uh registered in the computer or not. So that witness will be irrelevant because that is not disputed where there is a.

[00:27:57]So it is very important that an advocate should be able to differentiate between the relevant witnesses and the irrelevant witnesses. And while arguing and while presenting the case if you will keep on reading the testimonies each and everything then the high court or the appate court will not be interested because ultimately you are not having reappreciation of evidences you will be having the retry. So in a stage of appeal retry is not possible.

[00:28:30]So it is very important that only the relevancy of the witnesses that has to be told to the judge as it is what are the relevant parts what they have stated.

[00:28:46]Then next when I talk about criminal appeal yes focus on the witnesses you wish to explain to the judge. Don't focus on the irrelevant witnesses.

[00:28:57]Relevance is more important than the volume. So keep in mind relevance is the game. Secondly, while talking about relevance there while you are on the opposite side, the the opposite side, there may be possibility that there are lacunas in your own testimonies.

[00:29:18]So how to fill that lacunas? It is important to support it with precedents or the judgments otherwise you cannot bring the witness again and do you know record their statements again. So the precedents or the judgments will help you to fill your own legs.

[00:29:40]After that, after that when everything is done, it is very important that an advocate should give some time to the judge to absorb the facts. It should not be that you are standing there and you're blabbing to the court. This is my fact.

[00:30:00]In your mind, you have a specific defense that may be possible, legal or not. It may not. It is not possible. It may very possible that it is not communicated to the judge or give some time take your pauses present your case and after that then disclose your defense that this is the point I was trying to say and this is the chain of circumstances that can be formed or this view can be possible in my case I will give an an example uh when you go to a fivestar and you order a k and they'll ser you in a very plate and everything you will say okay I can pay 5,000 for that decoration one and the ambience but if you go to a dhaba and they will give you the same kit you will not even eat it so this appeal you know when you present it to the court it is important that it should be presentable the articulation of the facts the appeal everything has to be in such a way that a judge should be with you while you're arguing the appeal Otherwise if the judge loses the interest or the chain of circumstances is not formed then you there are higher chances that you will not succeed in the appeal.

[00:31:23]At the end if I would like to say about appeal it is the the duty of an advocate or an art of presenting an appeal. It is the gap between the law and the fact. If an advocate proceeds in filling the gap, then you will succeed while preparing the appeal. So that was my part on regarding how the appeal is to be presented and how the drafting can be done. So there is another view which I would like to since I have got the opportunity while I was going through what I can say in criminal appeal because see we all are advocates. So this is I think this is the correct stage where I can share my opinion on that also. I was going through some articles and where they have talked about pendency of criminal appeal in Delhi high courts or in Delhi high courts particularly what happens is when an appeal is filed when an appeal appeal is filed so suspension of sentence is done or the bail is done or it will be kept in the regular you know regular Then it will take years and years that your matter will come on board. As of because of that what is happening is there are innocent people who are undergoing imprisonment and there are people who are roaming freely. So the balance of convenience when we talk about balance of convenience, balance of inconvenience, the administration of justice all these things it feels a vicious lie or you know it's a trap because the matters are so much and the judges are very less. So it like it is very ironical when I say that there is a specific limitation for filing of a appeal but there is no limitation for the decision of the appeal. So this is very saddening on the part of us even I will include us because being an advocate we also have a laidback attitude suspension.

[00:33:49]So this is not a practice in Delhi High Court. I had a word in I even I have a matter in Chandigar High Court. There is a stay in my matter and it has been pending from past 5 years and whenever I mention the matter before the bench they say madam there is no urgency you have to stay you enjoy.

[00:34:08]So the person if he has to travel abroad he always have to take permissions.

[00:34:13]There is a matter in pending in browser venue court in that also the FSL report is pending it is going on and they are giving date because of that the person if he wishes to go abroad his entire family is in abroad and he suffering every time for 6 months for 3 months he going to the court permission please give me permission so because of that I think it is not only the judiciary it is the duty of an advocate also that whenever a matter matter comes it should be drafted in such a way that the judge should also understand key what we are trying to do and what is there in my appeal how I have the grounds and everything is so well written so it don't take much of the time because appeal scope is very limited there there we are not having a retry only appreciation whether what wrong has been committed in the imbune So as I sit here I request all of you that if we can help our judiciary or do something I don't know we can help it or we can work together to you know clear the tendencies or help those person who have been timelessly suffering in jails waiting for their appeals to be listed.

[00:35:34]If that can be done it will be a good effort. So that's all for now and thank you so much for having [applause] at such young age.

[00:35:49]If you are expecting her to argue at length in the criminal office, yes, she is in a position. She is proving herself. You see our effort herein is also to see to it that the younger generation which has got a zeal to work pendency of the litigations in the course particularly in the criminal offense. Sometimes you have got a very small point and that can be decided on the very face of it. We used to sometime also argue before the court that my lord only the point involved in this case is this much. So that is what she was trying to convey before us. And yes there are certain criminal offense also which has got which is required to be heard at length and appreciation of evidences he has also dealt with that.

[00:36:42]How to be how your evidences which are against you or in favor of a party how he has to place it before the court in a manner so that it also clicks to the mind of the honorable court and to decide it and the very threshold of it.

[00:36:59]So with that we'll be hearing our second speaker of this afternoon Mr. Janka. He is also having a good practice in this particular field the criminal practice.

[00:37:13]He will be also focusing what are the good grounds or what would be the points how you can take the good grounds to the course. I do not know let us hear Mr. J.

[00:37:27][applause] Thank you. Thank you.

[00:37:36]Topic argument on appeal before high court. Generally the appeal come before high court and heinous crime. Generally heinous crime against the body like a murder like a attempt to murder. So many grammar mentioned in the how to argue on appeal because the appreciation of the evidence as my sister uh earlier told about the we cannot uh retrial before the appeal. We cannot appreciate it again the evidence but only illegality and pericity in the judgment was laid down by the trial court and we are coming before the high court. What can be legality? What can we pericity in the judgment?

[00:38:27]Circumstantial change already set up.

[00:38:31]Prosecution witnesses relevancy already set up. That's why the accus has been convicted. We are standing before the accused before the high court. A murder offense.

[00:38:45]The offense is not against the individual. This is again the society before the appeal court. Appeal court always see the balance convenience of balance as my sister told before uh in the lecture balance of the convenience of the rights of the convicted of the society.

[00:39:09]to hearing the matter of matter.

[00:39:20]Court also see one person if released in the appeal can also commit against such offense.

[00:39:28]Circumstances sometime one person has committed various murder but he has age about 90 years. Then also a period court released to him without any arguing without any showing the Incident inconsistency of the [clears throat] incident.

[00:40:05]Maybe one ground but not appreciation of the evidence.

[00:40:18]There is a proper explanation should be come in the judgment side of the prosecution to allow.

[00:40:30]Second is inconsistency.

[00:40:39]There should be proper explanation. Set up the circumstances.

[00:40:45]Prove the consecution case.

[00:41:04]going to the conductor going to the conductor.

[00:41:33]There was a last scene together.

[00:41:48]There is a scene before there cannot be conviction on that ground. Someone has lashing together to me with the deceased person. I cannot be convicted. Proper explaned.

[00:42:13][clears throat] The recovery point can be relevant.

[00:42:40]recovery recovery here not recovered the weapon by the accused statement. Here the recover weapon by the prosecution who are stating or dictating the app. So this is also can help the convicted to doubt and there is a created doubt in the story of the prosecution. The benefits Maybe that person convicted.

[00:43:39]Can we sustain a conviction on 3029 [clears throat] immediate?

[00:44:07]maybe conviction under 302. No.

[00:44:16]Maybe some ground.

[00:44:24]We cannot appreciate the evidence.

[00:44:37]Defense of famous That cannot be circumstances implicated in can be convicted under 37. 76.

[00:46:18]This is a valid point.

[00:46:33]We can only raise the contradiction notation of the evidence.

[00:46:54]Mostly offense.

[00:47:12]conviction to death inment often.

[00:47:45]Incident sentence of suspendence.

[00:48:24][applause] SAL conviction.

[00:49:03]Criminal, Prevention of Corruption Act.

[00:49:38]Asan corruption.

[00:50:10]Suspension of Criminal Appeal.

[00:50:27]Suspension.

[00:50:33]Suspension of Suspension of conviction.

[00:51:26]Suspension of conviction.

[00:51:48]Suspension of conviction. Suspension of conviction.

[00:51:55]Prevention of corruption.

[00:52:31]Grounds of appreciation of evidence.

[00:52:52]appreciate.

[00:53:22]Madam of thanks but before that thank you very much. I also personally states and has said something real good in such evidence necessary and dash has given a complete chronology what kind of issue should be there but first understand when we say criminal appeal arguments in criminal appeal so that mean when we file our appeal Then our synopsis has to be that legal principle why this appeal should be admitted and if there is a conviction we are going against the conviction conviction should be stayed till the finalization of this appeal and on the same day of that representation of appeal the honorable court pass orders and put some conditions. So this is the most important part because after that the cycle of argument starts. If it is we are coming against a quitter like if the state can come then what will the procedure and if a private person who has been affected and has taken a permission from the prosecution that he wanted to file an appeal against this particular acquant then how that conviction should be maintained or supported. So that means we are speaking about procedural irregularity of sentence.

[00:54:55]That is one aspect of argument of criminal appeal. Most important what kind of sentences on which we come for an criminal appeal. The sentence or conviction which is less than 3 years so that we can get a benefit of section 389 clause 3 CRPC va 430 of BNSS on the same time.

[00:55:17]And that has to be done by filing a educate appeal form. Without that you cannot go for your appeal.

[00:55:24]Then after filing the appeal what if the sentence is more than 3 years. So definitely the person will take it into custody then we have to file his criminal appeal and ask for what?

[00:55:35]Suspension of his sentence and he should be given an appropriate bail. What kind of bail? So all these procedures marks for one thing which comes in one chronology and that chronology is misrepresentations of facts. Material misrepresentation for in material misrepresentation we can say about evidences we can say about testimonies. We can say about forensic reports the police f everything. So those material misrepresentation is actually your argument.

[00:56:11]Without that material misrepresentation, nothing can reli >> to immediately make an impact on an appeal. What is required to immediately maintain an impact then we have to say that the conviction is based on irregularity.

[00:56:30]So when we say what is irregularity? Was there any misrepresentation of effects laws or principles? So then we immediately should come to the perversity in judgments.

[00:56:43]What is perversity then? So that means whatever the evidences the defense from the accused side has stated there are not taken on before or are not given a place in the judgments and are not appreciated proportionately.

[00:57:04]one immediately should go for that otherwise all of our arguments will come on a standill because it will become a generalized arguments.

[00:57:15]Save yourself from the generalized arguments because for that means you always have to read that charge sheet or that 313 statement even statement of 245 or the 164 to see what actually was there which was not taken in the judgment because we are selling the judgment judgment of condition or there is an equator from the other side. So these are the points for the arguments because whatever we say it says about irregularity of our procedures, facts, circumstances. What kind of appeal has to be lied over there? If anything is coming by the way of 389 clausy, that means after a trial, appeal has to be before sessions or should there is a sentence of sessions then appeal has to be at high court.

[00:58:08]>> We cannot jump to Supreme Court immediately.

[00:58:11]And we should refrain [clears throat] ourselves from doing such kind of practice that we should go within hierarchy of the law. The court hierarchy is very important.

[00:58:21]The order of JMFC has to be assiled before sessions and after the order of any kind of order judgment by the sessions criminal revision petition to high court >> or do you feel that there's a second appeal to that one has to read that law also.

[00:58:43]So the argument always has to be with the legal wisdom, good judgments and the ability of an advocate to see what publicity was remained there.

[00:58:59]So this is how our arguments in criminal appeal should be done whether it is a sessions court or high court. Please understand that the way you represent >> the way it will be reflecting the judgment.

[00:59:14]ability of appeal.

[00:59:26]Appeal means we have somebody's life in our hand. So advocate has to be very strong in their law principles of law and fundamental law of appeal. Please understand that what kind of section is involved? 372 374 378 372 374.

[00:59:57]Please understand that this is what the basic wrongness of various advocates are.

[01:00:06]arguments that means you have not read your file but anyhow this topic can go as much long as we want and I feel that our London senior still in the meeting and Mr. Bundas is might be guing some other cases since Nand is not here she has gone for some other work I thank you all on behalf of this organization which is very much like Pashant Baji Mr. Ka Singh is here Nandanda Mr. Nazim thank you very much all you have taken such kind of time to listen to us your insights are also invited every time whatever you feel and please do understand whatever this program is made over here this is also aired online on Facebook and other social media we have very much good appreciation from the society so please I again thank you all and I now invite you for some little bit of tea and refreshment thank you very much thank you dear >> [applause] >> I'm having group photographers.

[01:01:07]>> Sir, I'm having a doubt like uh CPC we have a provision of order 41 rule 27 that states that we can uh go for evidence in the appate side as well. So are there any pro uh is there any provision in CRPC? No >> no no no there is no such provision which say again to go for evidence even if you feel that any kind of evidence was remained then there is another provision whether you can go for that kind of trial again there's very one good movie that came uh south Indian there the evidence was started at high courts And that was the procedure of FPS.

[01:02:00]Please understand that the procedure of making evidence in CPC is almost like we are taking two kind of bridges but eight bridge heavy traffic light.

[01:02:17]So evidence has to be every time we well appreciate it but the question was your that whether can we go for criminal side answer is no it is not in our law actually because whatever the evidence is g there trial courts are there every time to appate but it is the power of court also if your appeal says that this evidence was never taken that why I use the word perversity so whether that perversity can make such kind taking that evidence answer is no.