Legal provisions regarding governmental appeal against inadequacy of sentence under section 377 of the Code of Criminal Procedure, 1973.
(1) Save as otherwise provided in sub-section (2), the State Government 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 grounds of its inadequacy:
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(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, 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 grounds of its inadequacy:
(a) To the Court of Session, if the sentence is passed by the Magistrate; and
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(b) To the High Court, if the sentence is passed by any other Court.
(3) When an appeal has been filed against the sentence on the ground the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause; the accused may plead of his acquittal or for the reduction of the sentence.
An appeal could be filed by the State within a statutory period of 60 days. A High Court alone is empowered to entertain any appeal against the inadequacy of the sentence. This would help in securing uniform standards in awarding punishment.
State or Central Government may appeal to the Supreme Court against the inadequacy of the sentence passed by the High Court by way of Articles 132, 134 and 136 of the Constitution of India.