Appeals under the BNSS
Chapter XXXI of the BNSS (Sections 413 to 435) governs appeals, corresponding to Chapter XXIX of the CrPC (Sections 372 to 394). No appeal lies except as provided by law.
| Subject | BNSS, 2023 | Earlier CrPC, 1973 |
|---|---|---|
| No appeal unless provided; victim's right of appeal | Section 413 | Section 372 |
| Appeal from conviction | Section 415 | Section 374 |
| No appeal in certain petty cases | Section 417 | Section 376 |
| Appeal in case of acquittal | Section 419 | Section 378 |
| Suspension of sentence pending appeal | Section 430 | Section 389 |
| Revision by Sessions Judge / High Court | Sections 438, 440, 442 | Sections 397, 399, 401 |
Appeal from conviction
A person convicted by a Magistrate may generally appeal to the Court of Session. A person convicted by a Sessions Judge or Additional Sessions Judge may appeal to the Delhi High Court. While an appeal is pending, the appellate court may suspend the sentence and release the appellant on bail under Section 430 BNSS.
Appeal against acquittal
The State may appeal against an acquittal with the leave of the High Court. A complainant in a case instituted on complaint may apply for special leave to appeal. A victim also has a right of appeal against acquittal, conviction for a lesser offence or inadequate compensation under the proviso to Section 413 BNSS.
Revision petitions
Revisional jurisdiction allows the Sessions Court and the High Court to examine the correctness, legality or propriety of any finding, sentence or order of an inferior criminal court, and the regularity of its proceedings. Revision does not lie against interlocutory orders. A party who has chosen to file a revision before the Sessions Court cannot file a further revision on the same order before the High Court, though the High Court's inherent powers under Section 528 BNSS may be invoked in appropriate cases.
Limitation periods
Limitation for criminal appeals and revisions is governed by the Limitation Act, 1963. Broadly:
- appeal against conviction to the High Court — 60 days (Article 115), or 30 days where the sentence is of death;
- appeal against conviction to any other court — 30 days (Article 115);
- appeal against acquittal — up to 90 days, depending on the type of appeal and who files it (Article 114);
- revision — 90 days (Article 131).
Time taken to obtain a certified copy of the judgment is excluded. Delay may be condoned on sufficient cause being shown.
FAQ
Frequently asked questions
Which BNSS section provides for an appeal from conviction?
Section 415 of the BNSS provides for appeals from conviction. It corresponds to Section 374 of the CrPC.
Can the sentence be suspended while an appeal is pending?
Yes. Under Section 430 BNSS (formerly Section 389 CrPC), the appellate court may suspend the sentence and release the appellant on bail pending the appeal, for reasons recorded in writing.
What is the difference between an appeal and a revision?
An appeal is a statutory right to have the case re-examined on facts and law. A revision is a supervisory jurisdiction used to correct errors of law, jurisdiction or procedure in an order of a lower court, and it does not lie against interlocutory orders.
What is the limitation period for filing a criminal revision?
Under Article 131 of the Limitation Act, 1963, a criminal revision is to be filed within 90 days from the date of the order, excluding the time taken to obtain a certified copy.
Can a victim appeal against an acquittal?
Yes. The proviso to Section 413 BNSS (formerly Section 372 CrPC) gives the victim a right to appeal against an acquittal, conviction for a lesser offence or inadequate compensation.
Statutory references are to the Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Sakshya Adhiniyam, 2023 (BSA), in force from 1 July 2024, with the corresponding provisions of the IPC, CrPC and Indian Evidence Act noted for reference. This page is for general information only and is not legal advice.