Supreme Court declares right to appeal on conviction a Fundamental Right: No Appeal should be dismissed solely on delay without examining reasons for delay
Isabella Mariam
In a landmark judgment, the Supreme Court reaffirmed that the right to appeal against a conviction is not only a statutory right under Section 374 of the Criminal Procedure Code (Cr.P.C.) but also a fundamental right enshrined under Article 21 of the Indian Constitution. The Court emphasized that a delay in filing an appeal, if adequately explained, cannot be a ground for its dismissal.
A bench comprising Justice BV Nagarathna and Justice N Kotiswar Singh was hearing an appeal on January 02, 2025 against a decision by the Madhya Pradesh High Court, which had dismissed the appellant's challenge to his conviction due to a delay of 1637 days in filing the appeal. The appellant had filed an application for condonation of delay along with the appeal citing his financial constraints and the necessity to travel out of town to earn a living as the reasons for the delay.
However, the High Court interpreted these reasons as evidence that the appellant had absconded after the judgment was delivered, thus justifying its refusal to condone the delay. Consequently, the appeal was rejected, and the conviction and sentence stood affirmed.
The appellant challenged the judgment of the high Court before the Supreme Court, which, after a thorough review, found that the High Court had erred in dismissing the appeal solely on the basis of delay without examining the explanation provided for the delay. The Court held that the right to appeal, particularly when it impacts an individual’s liberty, is a fundamental right under the broad interpretation of Article 21 of the Constitution.
Relying the judgments in Dilip S. Dahanukar v. Kotak Mahindra Co. Ltd. (2007) and Rajendra v. State of Rajasthan (1982), the Court made it clear that the right of a convicted individual to challenge his conviction through an appeal is a statutory and constitutional right, which cannot be dismissed without considering the reasons for the delay. According to the Court, an appeal involving an individual's liberty requires a substantive evaluation of the appellant's explanation for the delay, rather than a mechanical dismissal based on procedural technicalities.
The Supreme Court set aside the High Court's judgment and condoned the delay in filing the appeal, and restored the criminal appeal on the files of the High Court and further requested the HC to dispose of the said Criminal Appeal on merits and in accordance with law
Case Title: Mahesh Singh Banzara v. State of Madhya Pradesh
Case No: Criminal Appeal No.08 of 2025
Bench: Justice BV Nagarathna and Justice N Kotiswar Singh
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