06/08/2026
Legal Question: Can a convicted person challenge his conviction even if he did not file an appeal?
Answer: Yes, in a specific situation.
Where a person has been convicted and sentenced by a trial Court, but does not file an appeal, and the State or other competent party approaches the High Court in revision seeking enhancement of his sentence, the accused/convicted person is entitled to an important statutory protection.
Under Section 439(2) Cr.P.C., he must be given an opportunity to show cause against the proposed enhancement of sentence.
More importantly, Section 439(6) Cr.P.C. provides that while showing cause against enhancement, the convicted person is also entitled to show cause against his conviction itself.
In simple words:
Trial Court: Convicted the accused and awarded 5 years imprisonment
State or complainant party approaches the High Court in revision and seeks enhancement: 5 years to 10 years
High Court: Puts the convicted person on notice u/s 439(2)
Accused's contention: The sentence should not be enhanced; rather, I challenge my conviction and seek to have it set aside.
Thus, Section 439(6) gives the convicted person an opportunity to defend not only against enhancement of sentence but also against the conviction itself.
