Code of Criminal Procedure, 1973

Section - 377 - Appeal by the State Government against sentence

Appeal by the State Government against sentence.

377. (1) Save as otherwise provided in sub-section (2), the State Govern- ment may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present [an appeal against the sentence on the ground of its inadequacy-

(a)- to the Court of Session, if the sentence is passed by the Magistrate; and
(b)- to the High Court, if the sentence is passed by any other Court.]
(2) If such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present [an appeal against the sentence on the ground of its inadequacy-

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