If you lose a case in an Indian court, you have the right to challenge the decision by filing an appeal in a higher court. For civil cases, the first appeal lies to the District Court or High Court (depending on which court passed the original decree) under Section 96 of the Code of Civil Procedure (CPC). For criminal cases, appeals against conviction go to the Sessions Court or High Court under Sections 399-401 of the BNSS (earlier Sections 374-377 CrPC). You must file the appeal within the limitation period — typically 30 to 90 days from the date of the judgment.
Why this matters
Courts can make mistakes. Judges may misinterpret the law, overlook evidence, or apply incorrect legal principles. The appeal system exists to correct these errors. However, an appeal is not an automatic retrial — you must show that the lower court made a specific error of law or fact that affected the outcome. Understanding when, where, and how to appeal can make the difference between accepting an unjust result and getting it corrected.
Appeal hierarchy in Indian courts
Civil cases
| Original Court | First Appeal Goes To | Second Appeal Goes To |
|---|---|---|
| Civil Judge (Junior Division) | District Judge | High Court (on substantial question of law only) |
| Civil Judge (Senior Division) | High Court | Supreme Court (by Special Leave) |
| District Judge | High Court | Supreme Court (by Special Leave) |
| High Court (original side) | Division Bench of High Court | Supreme Court |
| Single Judge of High Court | Division Bench of High Court | Supreme Court |
Criminal cases
| Original Court | Appeal Goes To |
|---|---|
| Magistrate (Judicial Magistrate) | Sessions Court |
| Sessions Court | High Court |
| High Court | Supreme Court |
When can you appeal?
Civil appeals
First Appeal (Section 96 CPC): Any party adversely affected by a decree can file a first appeal as a matter of right. The appellate court re-examines both facts and law.
Second Appeal (Section 100 CPC): A second appeal to the High Court is only allowed if the case involves a substantial question of law. The High Court does not re-examine facts — it only decides the legal question.
Exceptions — when you CANNOT appeal:
- If both parties consented to the decree
- If the decree is for an amount below the threshold set by the state (some states have a minimum value for appeals)
- Small causes court decisions generally cannot be appealed on facts
Criminal appeals
Against conviction (Section 399 BNSS): A convicted person has the right to appeal against the conviction and/or the sentence to the next higher court.
Against acquittal (Section 401 BNSS): The State (prosecution) can appeal against an acquittal, but only with the High Court's permission in most cases. The victim also has a right to appeal against acquittal.
Exceptions — when you CANNOT appeal in criminal cases:
- If you pleaded guilty and were convicted on that plea
- If the sentence is only a fine of Rs 1,000 or less (for High Court convictions)
- If the sentence is imprisonment up to 3 months or fine up to Rs 200 (for Magistrate convictions)
Limitation period — how much time do you have?
Filing within the limitation period is critical. If you miss it, your appeal will be dismissed unless you can show sufficient cause for the delay.
| Type of Appeal | Limitation Period | Law |
|---|---|---|
| Civil first appeal | 30 days from date of decree | Article 116, Limitation Act |
| Civil second appeal | 90 days from date of first appeal decree | Article 116, Limitation Act |
| Criminal appeal against conviction | 30 days from date of sentence (or from receipt of certified copy) | Section 399 BNSS |
| Criminal appeal against acquittal | 90 days from date of acquittal | Section 401 BNSS |
| Appeal to Supreme Court (SLP) | 90 days from date of High Court order | Article 136, Constitution |
| Review petition | 30 days from date of judgment | Order XLVII CPC |
Important: The limitation period starts from the date of judgment, but in practice, the time spent obtaining a certified copy of the judgment is excluded. Get your certified copy immediately — do not wait.
Step-by-step: How to file a civil appeal
Step 1: Obtain the certified copy of the judgment
Apply for a certified copy of the judgment and decree from the court registry immediately after the judgment is delivered. The time spent waiting for the copy is excluded from the limitation period.
Step 2: Identify the appellate court
Determine which court has appellate jurisdiction based on the hierarchy above. If unsure, consult your lawyer.
Step 3: Draft the appeal memorandum
The appeal memorandum (or memo of appeal) must include:
- Case details: Names of parties, case number, court that passed the judgment
- Grounds of appeal: Specific errors of law or fact in the lower court's judgment — this is the most important part
- Relief sought: What you want the appellate court to do (set aside, modify, or reverse the decree)
- Certified copy: Attach the certified copy of the judgment and decree
Under Order XLI Rule 1 CPC, the memorandum must set forth the grounds of objection concisely and under distinct heads without argument or narrative.
Step 4: Pay court fees
Appeal court fees are typically a fraction of the original suit fees. The exact amount depends on the state's Court Fees Act and the value of the appeal.
Step 5: File at the appellate court registry
Submit the memorandum with all supporting documents at the filing counter of the appellate court. You will receive a case number and first hearing date.
Step 6: Apply for stay of execution (if needed)
If the lower court's decree is being enforced against you (e.g., you have been ordered to vacate property or pay money), you can file an application for stay under Order XLI Rule 5 CPC. This asks the appellate court to pause the execution of the decree pending the appeal.
Step-by-step: How to file a criminal appeal
Step 1: Obtain certified copy of the judgment
Same as civil — apply immediately.
Step 2: Draft the appeal
Criminal appeals are filed as petitions setting out:
- Facts of the case
- Errors in the trial court's judgment
- Grounds for challenging conviction or sentence
- Prayer — acquittal, or reduction of sentence, or retrial
Step 3: File before the appellate court
For appeals from Magistrate courts, file in the Sessions Court. For appeals from Sessions Court, file in the High Court.
Step 4: Apply for bail pending appeal (if in custody)
Under Section 419 of the BNSS (earlier Section 389 CrPC), the appellate court can grant bail pending appeal — this means you can be released from prison while your appeal is heard. This is discretionary, not a right.
What if things go wrong
If you miss the limitation period
File the appeal with an application for condonation of delay explaining why you could not file on time. Under Section 5 of the Limitation Act, the court can condone the delay if you show sufficient cause. Common grounds: illness, being in jail, not receiving notice of the judgment, or lawyer's negligence.
If your first appeal is also dismissed
You may still have options:
- Second appeal to the High Court (civil cases, on substantial question of law only)
- Revision petition (for orders that are not decrees)
- Special Leave Petition (SLP) to the Supreme Court under Article 136 of the Constitution
- Review petition before the same court if there is an error apparent on the face of the record
If you cannot afford to appeal
Apply for free legal aid through NALSA (15100) or the Legal Services Authority at the appellate court.
Common myths
Myth: You can appeal any court decision. Reality: Not all decisions are appealable. Some decrees, orders below certain thresholds, and guilty plea convictions cannot be appealed. Check the specific provisions before filing.
Myth: An appeal means the entire case is reheard. Reality: A first appeal in civil cases does involve re-examination of facts and law. But a second appeal is limited to questions of law only. Criminal appeals may or may not involve re-hearing witnesses.
Myth: Filing an appeal automatically stays the lower court's order. Reality: No. You must separately apply for a stay of the lower court's order. Until the stay is granted, the original decree/order remains enforceable.
Myth: You can keep appealing indefinitely. Reality: The appeal hierarchy has limits — district court, High Court, Supreme Court. After the Supreme Court, the only remedy is a review petition or curative petition (in the rarest of rare cases).
The law behind this
| Type | Civil | Criminal |
|---|---|---|
| First appeal right | Section 96 CPC | Section 399 BNSS |
| Second appeal | Section 100 CPC (question of law) | Not applicable directly |
| Appeal against acquittal | Not applicable | Section 401 BNSS |
| Stay pending appeal | Order XLI Rule 5 CPC | Section 419 BNSS |
| SLP to Supreme Court | Article 136 Constitution | Article 136 Constitution |
| Limitation for first appeal | 30 days | 30 days |
Frequently asked questions
What is the difference between an appeal and a revision? An appeal challenges a decree (final decision) — the appellate court can re-examine facts and law. A revision under Section 115 CPC or Section 442 BNSS challenges an order (interlocutory decision) — the revisional court checks if the lower court acted within its jurisdiction and followed correct procedure.
Can I present new evidence in an appeal? In civil appeals, yes — under Order XLI Rule 27 CPC, additional evidence can be admitted if the appellate court finds it necessary. In criminal appeals, the appellate court can also take additional evidence if needed. However, this is discretionary, not automatic.
What is a Special Leave Petition (SLP)? An SLP under Article 136 of the Constitution is a request to the Supreme Court to hear an appeal against any court or tribunal in India. The Supreme Court has the discretion to grant or refuse leave (permission) to appeal.
Can the appellate court increase the sentence in a criminal appeal? If only the convicted person has appealed, the appellate court generally cannot increase the sentence. However, if the State has filed a cross-appeal seeking enhancement, the court can increase the sentence.
How long do appeals typically take? High Court appeals take 2-5 years on average. Supreme Court appeals take 2-5 years. These timelines vary significantly based on the court's backlog and the complexity of the case.