Vol. 12 · pages 491–495

470 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES CIVIL PROCEDURE CODE CRIMINAL PROCEDURE CODE Section 104 —contd. Section 408 —contd. (d) an order filing or refusing to file an agreement to refer to arbitration ; (e) an order staying or refusing to stay a suit where there is an agreement to refer to arbitration ; (f) an order filing or refusing to file an award in an arbitration without the intervention of the Court; (ff) an order under section 35A ; (g) An order under Section 95 ; (h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree ; (i) any order made under rules from which an appeal is expressly allowed by rules : Provided that no appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made. of the accused convicted at such trial shall lie to the High Court; (c) when any person is convicted by a Magistrate of an offence under section 124Aof the Indian Penal Code, the appeal shall lie to the High Court. Section 409 An appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge : Provided that an Additional Sessions Judge shall hear only such appeals as the Provincial Government may, by general or special order, direct or as the Sessions Judge of the division may make over to him. Section 410 Any person convicted on a trial held by a Sessions Judge, or an Additional Sessions Judge, may appeal to the High Court. Section 411 Any person convicted on a trial held by a Presidency

471THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA CIVIL PROCEDURE CODE CRIMINAL PROCEDURE CODE Section 104 —contd. Section 411 —contd. (2) No appeal shall lie from any order passed in appeal under this section. Section 105 (1) Save as otherwise expressly provided, no appeal shall lie from any order made by a Court in the exercise of its original or appellate jurisdiction ; but, where a decree is appealed from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a ground of objection in the memorandum of appeal. (2) Notwithstanding anything contained in sub-section (1), where any party aggrieved by an order of remand made after the commencement of this Code from which an appeal lies does not appeal therefrom, he shall thereafter be precluded from disputing its correctness. Section 109 Subject to such rules as may, from time to time, be made by His Majesty in Council regarding appeals from the Courts of British India, and to the proviMagistrate may appeal to the High Court, if the Magistrate has sentenced him to imprisonment for a term exceeding six months or to fine exceeding two hundred rupees. Section 411A (1) Without prejudice to the provisions of section 449 any person convicted on a trial held by a High Court in the exercise of its original criminal jurisdiction may, notwithstanding anything contained in section 418 or section 423, sub-section (2), or in the Letters Patent of any High Court, appeal to the High Court: (a) against the conviction on any ground of appeal which involves a matter of law only ; (b) with the leave of the Appellate Court, or upon the certificate of the Judge who tried the case that it is a fit case for appeal, against the conviction on any ground of appeal which involves a matter of fact only, or a matter of mixed law and fact, or any other ground which appears to

472 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES CIVIL PROCEDURE CODE CRIMINAL PROCEDURE CODE Section 109- contd. Section 411 A—contd. sions hereinafter contained, an appeal shall lie to His Majesty in Council— (a) from any decree or final order passed on appeal by a High Court or by any other Court of final appellate jurisdiction ; (b) from any decree or final order passed by a High Court in the exercise of original civil jurisdiction ; and (c) from any decree or order, when the case, as hereinafter provided, is certified to be a fit one for appeal to His Majesty in Council. Section 110 In each of the cases mentioned in clauses (a) and (b) of section 109, the amount or value of the subject-matter of the suit in the Court of first instance must be ten thousand rupees or upwards, and the amount or value of the subject-matter in dispute on appeal to His Majesty in Council must be the same sum or upwards, or the decree or final order must involve, directly or indirectly, some claim or question the Appellate Court to be a sufficient ground of appeal; and (c) with the leave of the appellate Court, against the sentence passed unless the sentence is one fixed by law. (2) Notwithstanding anything contained in section 417, the Provincial Government may direct the Public Prosecutor to present an appeal to the High Court from any order of acquittal passed by the High Court in the exercise of its original criminal jurisdiction, and such appeal may, notwithstanding anything contained in section 418, or section 423, subsection (2), or in the Letters Patent of any High Court, but, subject to the restrictions imposed by clause (b) and clause (c) of sub-section (1) of this section on an appeal against a conviction, lie on a matter of fact as well as a matter of law. (3) Notwithstanding anything elsewhere contained in any Act or Regulation, an appeal under this section shall be heard by a Division Court of

473THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA CIVIL PROCEDURE CODE CRIMINAL PROCEDURE CODE Section 110 —contd. Section 411 A—contd. to or respecting property of like amount or value, and where the decree or final order appealed from affirms the decision of the Court immediately below the Court passing such decree or final order, the appeal must involve some substantial question of law. Section 111. Notwithstanding anything contained in section 109, no appeal shall lie to His Majesty in Council—- (a) from the decree or order of one Judge of a High Court constituted by His Majesty by Letters Patent, or of one Judge of a Division Court, or of two or more Judges of such High Court, or of a Division Court constituted by two or more Judges of such High Court, where such Judges are equally divided in opinion and do not amount in number to a majority of the whole of the Judges of the High Court at the time being ; or the High Court composed of not less than two judges, being judges other than the judge or judges by whom the original trial was held; and if the constitution of such a Division Court is impracticable, the High Court shall report the circumstances to the Provincial Government which shall take action with a view to the transfer of the appeal under section 527 to another High Court. (4) Subject to such rules as may from time to time be made by His Majesty in Council in this behalf, and to such conditions as the High Court may establish or require, an appeal shall lie to His Majesty in Council from any order made on appeal under sub-section (1) by a Division Court of the High Court in respect of which order the High Court declares that the matter is a fit one for such appeal. Section 412 Notwithstanding anything hereinbefore contained, where an accused person has pleaded guilty and has been convicted by a High Court, a Court of Session or any Presidency Magistrate or Magistrate of the

474 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES CIVIL PROCEDURE CODE CRIMINAL PROCEDURE CODE Section 111 —contd. Section 412 —contd. (b) from any decree from which under section 102 no second appeal lies. Section 111 A Where a certificate has been given under section 205 (1) of the Government of India Act, 1935, the three last preceding sections shall apply in relation to appeals to the Federal Court as they apply in relation to appeals to His Majesty in Council, and accordingly references to His Majesty shall be construed as references to the Federal Court: Provided that— (a) so much of the said sections as delimits the cases in which an appeal will lie shall be construed as delimiting the cases in which an appeal will lie without the leave of the Federal Court otherwise than on the ground that a substantial question of law as to the interpretation of the said Act, or any Order in Council made thereunder, has been wrongly decided ; first class on such plea, there shall be no appeal except as to the extent or legality of the sentence. Section 413 Notwithstanding anything hereinbefore contained, there shall be no appeal by a convicted person in cases in which a High Court passes a sentence of imprisonment not exceeding six months only or of fine not exceeding two hundred repees only or in which a Court of Session * * * passes a sentence of imprisonment not exceeding one month only or in which a court of Session or District Magistrate or other Magistrate of the first class passes a sentence of fine not exceeding fifty rupees only zz