Which one of the following statements is not correct? There shall be no appeal if a sentence of imprisonment/fine is passed by the
Verified Answer
A. High Court—not exceeding six months
B. Sessions Judge—not exceeding three months
C. Metropolitan Magistrate—not exceeding two months
D. Magistrate first class—not exceeding one month
Explanation:
Section 376 of the CrPC specifies cases in which no appeal lies. For a Magistrate of the first class, no appeal lies only when they pass *only a sentence of fine not exceeding one hundred rupees*. If a Magistrate of the first class passes a sentence of imprisonment, even for one month, an appeal would lie. Therefore, the statement that there shall be no appeal if a sentence of imprisonment not exceeding one month is passed by a Magistrate of the first class is incorrect.