Appeal Process in Criminal Cases – Complete Step-by-Step Guide (2026)

What is a Criminal Appeal?

A criminal appeal is a legal process through which a person requests a higher court to review the judgment, conviction, sentence, acquittal, or other appealable order passed by a lower criminal court. An appeal allows the higher court to examine whether the lower court correctly applied the law and properly appreciated the evidence.

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, criminal appeals are governed by the provisions relating to appeals and are subject to the conditions prescribed by law.

Who Can File a Criminal Appeal?

Depending on the facts of the case and the applicable law, a criminal appeal may be filed by:

• A convicted person.

• The State Government or prosecution.

• A victim, where permitted by law.

• Any other person entitled to appeal under the applicable legal provisions.

When Can a Criminal Appeal Be Filed?

A criminal appeal may generally be filed against:

• Conviction.

• Sentence.

• Acquittal (where permitted by law).

• Compensation orders.

• Other appealable orders passed by a criminal court.

Not every order is appealable. The right to appeal depends on the applicable legal provisions.

Step-by-Step Criminal Appeal Process

Step 1: Obtain a Certified Copy of the Judgment

Apply for and obtain a certified copy of the judgment or order passed by the trial court.

The certified copy is generally required for filing the appeal.

Step 2: Consult a Criminal Lawyer

A qualified criminal lawyer can:

• Examine the judgment.

• Identify legal errors, if any.

• Advise whether an appeal is maintainable.

• Explain the available legal remedies.

Step 3: Prepare the Appeal

The appeal generally includes:

• Details of the case.

• Facts of the matter.

• Grounds of appeal.

• Relief sought.

• Supporting documents.

The appeal should clearly explain why the lower court's decision is alleged to be incorrect.

Step 4: File the Appeal Before the Competent Appellate Court

Submit the appeal before the appropriate appellate court having jurisdiction.

The appeal should ordinarily be filed within the limitation period prescribed by law.

Step 5: Admission of the Appeal

The appellate court examines whether the appeal is maintainable and may admit the appeal if the legal requirements are satisfied.

Step 6: Notice to the Other Party

If the appeal is admitted, the appellate court may issue notice to the respondent or other concerned parties.

Step 7: Hearing of the Appeal

The appellate court hears arguments from both sides and examines:

• Trial court records.

• Evidence.

• Legal issues.

• Grounds of appeal.

• Applicable law.

The court may also call for the original records from the trial court.

Step 8: Decision of the Appellate Court

After considering the case, the appellate court may:

• Dismiss the appeal.

• Allow the appeal.

• Confirm the judgment.

• Modify the sentence.

• Set aside the conviction.

• Order a retrial where legally justified.

• Pass any other order authorized by law.

Can Bail Be Granted During an Appeal?

Yes.

Depending on the facts of the case and the applicable legal provisions, the appellate court may consider an application for suspension of sentence and grant bail during the pendency of the appeal.

The decision is made by the court on the merits of the application.

What Documents Are Required?

Depending on the case, the following documents may be required:

• Certified Copy of the Judgment.

• Memorandum of Appeal.

• Court Orders.

• Relevant Evidence.

• Identity Documents (where applicable).

• Authorization Documents (if required).

• Other supporting records.

Difference Between Trial and Appeal