I lost my case. Can I appeal?

Simple answer

Usually yes, but act fast. A civil first appeal is generally due within 30 days, or 90 days if it goes to the High Court. A convicted person can appeal to a higher court, and a victim can appeal an acquittal. Lok Adalat awards cannot be appealed.

Real-life examples

Suresh lost a money suit in the Civil Judge's court. He files a first appeal in the District Court within 30 days. The days spent getting the certified copy of the decree are not counted.

Sunita was convicted by a Magistrate and sentenced to 2 years. She appeals to the Sessions Court and asks it to suspend her sentence and grant bail while the appeal is pending.

Babu agreed to a compromise and the court passed a decree on those terms. Later he changed his mind, but no appeal lies against a decree passed with the parties' consent.

What should you do?

1Apply for a certified copy of the judgment and decree right away; the time taken to get it is not counted in the limit.
2Find the right appeal court: District Court, Sessions Court or High Court, depending on the case, the court that decided it and its value.
3Count your deadline: civil appeals 30 days (90 to the High Court); criminal appeals usually 30 days to the Sessions Court, 60 to the High Court.
4Get a lawyer to draft the appeal with clear grounds. Can't afford one? Call 15100 for free legal aid.
5If convicted, ask the appeal court to suspend the sentence and grant bail while the appeal is pending.
6Missed the deadline? File a delay condonation application along with the appeal, explaining the reasons.

Exceptions & limits

No appeal lies against a consent decree or a Lok Adalat award, or in some petty criminal cases with very small fines or short sentences.
A second civil appeal to the High Court is allowed only on a substantial question of law, not to re-argue the facts.
Where no appeal lies, a review by the same court or a revision by a higher court may still be possible. Ask a lawyer.

Official legal reference

Code of Civil Procedure, 1908 — Sections 96, 100
First appeal lies from a decree to the higher court; a second appeal to the High Court only on a substantial question of law.
Read the official text
Limitation Act, 1963 — Section 12; Schedule, Article 116
Civil appeals: 90 days to a High Court, 30 days to other courts; time taken to get the copy is excluded.
Read the official text
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415
A convicted person can appeal to the Sessions Court from a Magistrate, or to the High Court from a Sessions Court.
Earlier: CrPC Section 374Read the official text
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 413 (proviso)
A victim can appeal against an acquittal, a conviction for a lesser offence, or inadequate compensation.
Earlier: CrPC Section 372 (proviso)Read the official text
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 430
The appeal court can suspend the sentence and release the convicted person on bail while the appeal is pending.
Earlier: CrPC Section 389Read the official text

Where to get help

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Call 15100 nalsa.gov.in

eCourts Services

Check case status, next hearing date and orders using the CNR number.

services.ecourts.gov.in

Source & status

Applies to: All of India
Law in force since: 1 Jul 2024
Legal review: Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.