Appeal Format in India — Templates & Samples Download
An Appeal is a formal legal proceeding by which a party aggrieved by the judgment, decree, or order of a lower court seeks review and reversal by a higher court. In India, the right of appeal is a statutory right governed by specific provisions of the Code of Civil Procedure, 1908, the Bharatiya Nagarik Suraksha Sanhita, 2023, and other special laws. Download Appeal formats, memorandum of appeal templates, and ready-to-file civil and criminal appeal samples here.
What is Appeal Format ?
An Appeal is a statutory remedy by which a higher court is invited to re-examine the decision of a subordinate court on questions of fact, law, or both, and to confirm, reverse, modify, or remand the matter. The right of appeal is not inherent — it must be expressly conferred by statute.
In civil matters, the principal provisions are Sections 96 to 99 (First Appeal), Section 100 (Second Appeal), Section 109 (Appeal to the Supreme Court), and Order XLI of the Code of Civil Procedure, 1908, which prescribes the form, contents, and procedure for the memorandum of appeal. Section 96 confers the right of first appeal against every decree passed by a court of original jurisdiction.
In criminal matters, appeals are now governed by Chapter XXXII of the Bharatiya Nagarik Suraksha Sanhita, 2023 (effective 1 July 2024), which replaced Chapter XXIX of the CrPC, 1973. Section 415 BNSS corresponds to Section 372 CrPC (victim's right of appeal), Section 419 BNSS to Section 374 CrPC (appeals from convictions), and Section 421 BNSS to Section 378 CrPC (State appeals against acquittal).
Limitation for filing appeals is fixed under the Limitation Act, 1963 — generally 30 days for District Court appeals and 90 days for High Court appeals. A memorandum of appeal must be signed by the appellant or their advocate and is admissible as a court record under the Bharatiya Sakshya Adhiniyam, 2023.
When This Format Required?
Civil decrees and orders — when a party is aggrieved by a final decree or appealable order of a civil court under Sections 96, 100, and 104 CPC.
Criminal convictions and sentences — when an accused challenges conviction, or the State or victim challenges acquittal under Sections 415, 419, and 421 BNSS, 2023.
Tribunal orders — appeals before ITAT (Income Tax), CAT (Central Administrative Tribunal), SAT (SEBI), NCLAT (Company Law), MACT (Motor Accident), and Consumer Commissions.
Family and matrimonial decrees — appeals under Section 28 of the Hindu Marriage Act, 1955 and Section 19 of the Family Courts Act, 1984.
Special leave to the Supreme Court — discretionary appeal under Article 136 of the Constitution of India against any court or tribunal order.
All Templates — Download Free
Quick Overview
Step-by-Step Guide
- 1
Title, Court, and Cause Title
Begin with the name of the appellate court (e.g., "In the High Court of Judicature at ___" or "In the Court of the District Judge"). Add the appeal number (to be assigned), original case number, names and addresses of the appellant(s) and respondent(s).
- 2
Particulars of the Impugned Judgment / DecreeOrder XLI Rule 1 CPCSection 419 BNSS, 2023
State the date of the impugned judgment or decree, name of the court that passed it, suit/case number, and the substantive relief granted or refused. Attach a certified copy as required under (civil) or (criminal).
- 3
Facts of the Case
Set out the material facts in short numbered paragraphs — chronologically from the original suit/complaint up to the impugned order. Be concise and avoid unnecessary detail.
- 4
Grounds of Appeal
List the grounds in clearly numbered paragraphs. Each ground must identify a specific error of fact, law, or procedure in the impugned order. Cite relevant provisions and case law where possible. Vague or general grounds may be struck off by the appellate court.
- 5
Prayer Clause
End with a precise prayer — for example, "to set aside the impugned judgment and decree", "to remand the matter", or "to grant such other relief as the Hon'ble Court deems fit".
- 6
Verification, Court Fee, and Annexures
Sign the memorandum, attach the verification, affix the prescribed court fee under the State Court Fees Act, and annex the certified copy of the impugned order along with all supporting documents.
Types of Appeal Format
First Appeal
An appeal from a decree of a court of original jurisdiction under Section 96 of the Code of Civil Procedure, 1908, where both facts and law can be re-examined.
Second Appeal
An appeal to the High Court from a first appellate decree under Section 100 CPC, confined strictly to substantial questions of law.
Appeal Against Decree
A memorandum of appeal challenging a final decree of a civil court, filed under Order XLI Rule 1 CPC within the limitation period prescribed by the Limitation Act, 1963.
Criminal Appeal
An appeal from conviction, sentence, or acquittal under Sections 415, 419, and 421 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Sections 372, 374, and 378 CrPC).
Appeal Before Tribunals
Statutory appeals before ITAT, CAT, SAT, NCLT/NCLAT, MACT, Consumer Commissions, and other tribunals under their respective parent Acts.
Special Leave Petition (SLP)
A discretionary appeal to the Supreme Court under Article 136 of the Constitution of India against any order of any court or tribunal in India.
Disclaimer: This template is provided for general informational and drafting reference purposes only. It does not constitute legal advice. Stamp duty, registration, and procedural requirements may vary by state. Consult a qualified advocate before executing or filing any legal document. For more details, see our Disclaimer.