Right to File Appeal Against Conviction is a Constitutional Right Under Article 21: Supreme Court

The Supreme Court held that the right of an accused to file an appeal against their conviction under Section 374 CrPC (now 415 BNSS) is not only statutory but also a constitutional right under Article 21.

The Court emphasized this plea allows a higher court to review both the merits and procedural fairness of the trial.

The court ruled that appellate courts cannot, on their own, increase the sentence during an appeal filed by the convicted person; only the State or complainant can seek enhancement. 

The bench also stressed that even during delay or procedural lapses, this right cannot be denied.