How to File a Criminal Appeal in Odisha After Conviction
If you have been convicted by a Magistrate Court in Odisha, you can appeal to the Sessions Court. Convicted by Sessions Court? Appeal to the Odisha High Court. This guide explains time limits, procedure, and grounds for criminal appeals.
By Advocate Debarchana Samal · 21 July 2026 · 7 min read
What is a Criminal Appeal?
A criminal appeal is a legal remedy by which a convicted person challenges the judgment, conviction, or sentence passed by a lower court before a higher court. It is not a fresh trial — the appellate court re-examines the evidence, the legal findings, and the sentence imposed to determine whether the lower court committed any error. Criminal appeals are governed primarily by Sections 372 to 394 of the Code of Criminal Procedure (CrPC), 1973. The Indian legal system provides multiple layers of appellate review, ensuring that no wrongful conviction goes unchecked.
A conviction does not have to be the end of the road. Many convicted persons in Odisha have successfully overturned verdicts on appeal — whether on the basis of legal errors by the trial court, perverse appreciation of evidence, or disproportionate sentences that shock the judicial conscience. Understanding when to appeal, where to appeal, and on what grounds is essential.
Hierarchy of Criminal Courts in Odisha
Supreme Court of India
Highest appellate court. Hears appeals from High Courts on constitutional and legal questions of national importance.
Odisha High Court, Cuttack
Hears criminal appeals from Sessions Court judgments. Also hears appeals under Section 374(2) CrPC against Sessions Court convictions. Has original jurisdiction for Constitutional matters.
Sessions Court (District & Sessions Judge)
Hears criminal appeals from Magistrate Court convictions. Has original jurisdiction for serious offences (murder, rape, dacoity). Also decides bail applications in non-bailable offences.
Chief Judicial Magistrate / Judicial Magistrate
Trial courts for most offences under IPC. CJM can try offences up to 7 years imprisonment. First Class Magistrate — up to 3 years. Second Class Magistrate — up to 1 year.
Section 374 CrPC — Who Can Appeal and Where
Section 374 of the CrPC is the primary provision that gives a convicted person the right to appeal. The appellate forum depends on which court passed the conviction:
From
Magistrate Court conviction
To
Sessions Court (Section 374(3) CrPC)
From
Sessions Court or Additional Sessions Court conviction
To
Odisha High Court (Section 374(2) CrPC)
From
High Court conviction at original jurisdiction
To
Supreme Court of India
From
Death sentence awarded by Sessions Court
To
Odisha High Court for mandatory confirmation (Section 366 CrPC)
Time Limit to File a Criminal Appeal
Time is critical in criminal appeals. Under the Limitation Act and the CrPC, the prescribed limitation period to file a criminal appeal is 30 days from the date of the conviction judgment. For appeals to the Supreme Court, the period is 90 days.
However, courts have the power to condone delay if the appellant demonstrates sufficient cause for the delay. Typical grounds for condonation include the time taken to obtain certified copies of the judgment, medical incapacity of the accused or their family, or unavoidable circumstances such as natural calamities. That said, delay condonation is not guaranteed — courts scrutinise each case. Acting within the limitation period is always the safest course.
Critical deadline: You have only 30 days from the date of conviction to file a criminal appeal. This period runs from the date of the judgment — not from when you receive the certified copy. Contact a criminal appeal lawyer immediately after conviction.
How to Obtain Certified Copies of Judgment
Filing a criminal appeal requires a certified copy of the trial court's judgment and, where relevant, the order on sentence. The process to obtain certified copies in Odisha is as follows: immediately after conviction, instruct your lawyer to apply for certified copies at the trial court's reader section. The application is made in writing with the prescribed court fee. Odisha courts generally process certified copy applications within 7 to 15 working days, though urgent applications can be processed faster. The certified copies are handed over to the advocate or accused person and must be annexed to the memorandum of appeal filed before the appellate court.
Grounds for Criminal Appeal in Odisha
Stay of Sentence and Bail Pending Appeal
One of the first practical concerns for a convicted person filing an appeal is whether they must serve the sentence while the appeal is pending. The appellate court has the power to grant:
Stay of sentence (if on bail)
If the convict is on bail at the time of conviction, the appellate court can grant a stay of the sentence, allowing them to remain free while the appeal is heard.
Bail pending appeal (if in custody)
If the convict has been taken into custody after conviction, they can apply for bail pending appeal under Section 389 CrPC before the appellate court. The court balances the gravity of the offence against the merits of the appeal.
The Supreme Court of India has repeatedly held that bail pending appeal should be the norm rather than the exception where the appeal raises substantial questions of law or fact, and where the conviction is for a period that the appeal itself may take to be decided.
Appeals Against Acquittal by the State
Criminal appeals are not only filed by the convicted person. The State of Odisha, through the Public Prosecutor, can also appeal against an order of acquittal. Under Section 378 CrPC, the State can file an appeal against acquittal before the Odisha High Court. The complainant may also seek special leave to appeal in cases where the State does not appeal. Appeals against acquittal are treated with more caution by courts — the High Court will not interfere with an acquittal unless the trial court's finding is perverse or based on a complete misreading of evidence.
Revision Petitions — How They Differ from Appeals
A revision petition under Sections 397 to 401 CrPC is a distinct remedy from a criminal appeal. While an appeal allows the appellate court to re-examine the entire case on facts and law, a revision petition is limited in scope. The revisional court (Sessions Court or High Court) only examines whether the lower court's order is legal, correct, and proper. The revisional court does not re-appreciate evidence in the same way as an appellate court. Revision petitions are commonly filed against interlocutory orders (such as bail orders, remand orders, or orders on framing of charges) that are not directly appealable. If you have a right of appeal, you generally cannot file a revision petition as a substitute.
Step-by-Step: How to File a Criminal Appeal in Odisha
Obtain certified copies of the judgment and order sheet
Immediately after conviction, apply for certified copies of the trial court's judgment, charge sheet, and deposition of key witnesses. Instruct your lawyer to file the application the same day as conviction if possible.
Consult a criminal appeal lawyer within 30 days of conviction
The 30-day limitation clock starts from the date of conviction, not from when you receive the certified copy. Contact a criminal appeal lawyer in Cuttack immediately after the verdict.
Identify the appellate court and grounds of appeal
Your lawyer will determine whether the appeal goes to Sessions Court or the Odisha High Court based on which court convicted you. The lawyer then identifies the strongest legal and factual grounds for appeal.
Draft the memorandum of appeal
Your lawyer drafts a detailed memorandum of appeal setting out the facts of the case, the grounds of challenge, and the relief sought — usually setting aside the conviction or reducing the sentence.
File the appeal and apply for bail pending appeal
The memorandum of appeal, certified copies, court fee, and vakalat are filed before the appellate court. Simultaneously, a bail pending appeal application under Section 389 CrPC is filed if the convict is in custody.
Frequently Asked Questions
How long do I have to file a criminal appeal in Odisha after conviction?
The limitation period is 30 days from the date of conviction under Section 374 CrPC. For Supreme Court appeals, it is 90 days. Delay can be condoned if sufficient cause is shown, but acting within the deadline is always advisable.
Which court hears a criminal appeal from a Magistrate Court in Odisha?
An appeal from a Magistrate Court (Chief Judicial Magistrate or Judicial Magistrate) lies to the Sessions Court. An appeal from the Sessions Court lies to the Odisha High Court. Appeals from the High Court go to the Supreme Court of India.
Can a convicted person get bail while their criminal appeal is pending in Odisha?
Yes. A convicted person can apply for bail pending appeal before the appellate court under Section 389 CrPC. The court considers the nature of the offence, the grounds of appeal, and the risk of the accused absconding. Sessions Courts and the High Court both have this power.
What is the difference between a criminal appeal and a revision petition?
A criminal appeal is a full re-examination of the conviction and sentence on merits. A revision petition under Section 397 CrPC is a limited remedy where the revisional court only examines legality and propriety — it does not re-appreciate evidence as a matter of course. If you have a right of appeal, you should generally file an appeal rather than a revision.
Can the State of Odisha appeal against an acquittal?
Yes. Under Section 378 CrPC, the State Government can file an appeal against an order of acquittal before the Odisha High Court. The complainant can also seek special leave of the High Court to appeal against acquittal in certain cases.
Convicted in Odisha? File Your Appeal Now.
Advocate Debarchana Samal handles criminal appeals before the Sessions Court and Odisha High Court, including bail pending appeal applications. Do not let the 30-day deadline pass — contact us immediately for a confidential consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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