What are legal risks during probation and appeal in IPC 392?

I was convicted under IPC 392 and granted two years' probation by the lower court. What happens if I am accused of a completely different charge while still on probation—even if the new case is unrelated or not even criminal in nature? If I file an appeal with the Sessions Court, can they increase the punishment upon conviction? What is the maximum number of years this case can be delayed or stretched in the Sessions Court for a final decision? What happens if it is later found that the witness (panch) has a serious criminal record that was not disclosed to the lower court, but is presented before the Sessions Court? Are there still any chances to apply for travel visas during or after such proceedings? If the Sessions Court convicts me, what legal options do I have? Can I appeal to the High Court after that?

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Advocate By LEAD INDIA Answered: 26 Apr 2025

While on probation, a new accusation can risk cancellation of probation, even if unrelated. Yes, the Sessions Court can enhance punishment on appeal. Delays vary but can stretch several years. If a key witness has a hidden criminal record, it can help your defense. You can still apply for visas, but disclosure is needed. If convicted, you can appeal to the High Court. For further legal assistance contact us on our helpline number.
 

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