Appeals under the | Section 413 to 435 BNSS

Appeals under the BNSS, 2023: Chapter XXXI, Sections 413 to 435, the Statutory Right, the Victim’s Appeal, Appeals Against Acquittal and the Appellate Court’s Powers

There is no inherent right of appeal in criminal law. Section 413 says so in terms: no appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Sanhita or by any other law. An appeal exists where the statute creates one, on the terms the statute lays down, and nowhere else.

Chapter XXXI creates the appeals, and it does so by working through the hierarchy: from a Magistrate to the Court of Session; from a Court of Session to the High Court; and from the High Court in its extraordinary original criminal jurisdiction to the Supreme Court. It then adds the special cases — the victim’s appeal, the State’s appeal against an inadequate sentence, and appeals against acquittal.

1. The Scheme

Figure 1: Chapter XXXI

Section 413, BNSS 2023

No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:

Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused, or convicting for a lesser offence, or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.

From	To	Provision
A conviction by a High Court in its extraordinary original criminal jurisdiction	The Supreme Court	Section 415
A conviction by a Court of Session or an Additional Sessions Judge; or any conviction where the sentence exceeds seven years	The High Court	Section 415
A conviction by a Magistrate of the first or second class	The Court of Session	Section 415
An order requiring security for keeping the peace or good behaviour, or refusing to accept or rejecting a surety	The Court to which an appeal lies from a conviction by that Court	Section 414
A High Court order on appeal reversing an acquittal and sentencing to death, imprisonment for life, or ten years or more	The Supreme Court	Section 420
An acquittal in a cognizable and non-bailable offence, at the District Magistrate’s direction	The Court of Session	Section 419
An acquittal, at the State Government’s direction	The High Court	Section 419
An acquittal in a complaint case, by the complainant	The High Court, with its special leave	Section 419

⚠ The two bars

Section 416 — a plea of guilty. Where the accused pleads guilty and is convicted on that plea, no appeal lies — except, where the conviction is by a Magistrate, as to the extent or legality of the sentence. A man who admits the offence cannot afterwards say the finding was wrong; he may still say the sentence was excessive or unlawful.

Section 417 — petty cases. No appeal lies where a Court of Session or a Magistrate passes a sentence falling within the small limits the section specifies — typically a short term of imprisonment or a small fine, the cost of an appeal being out of proportion to what is at stake. But where a combination of sentences is passed, the bar does not apply merely because one of them is within the limit.

Where an appeal is barred, the remedy is a revision under Chapter XXXII — a narrower jurisdiction, and a discretionary one.

2. The Victim’s Right of Appeal

The proviso to section 413 gives the victim a right of appeal in three situations — an acquittal, a conviction for a lesser offence, and the imposition of inadequate compensation. Three features of it are worth marking.

He needs no leave. A complainant appealing from an acquittal in a complaint case needs the special leave of the High Court under section 419. The victim needs nothing: the right is unqualified.
The forum is fixed by reference to the conviction appeal. The appeal lies to the court to which an appeal ordinarily lies against the order of conviction of that court — so from a Magistrate to the Court of Session, and from a Court of Session to the High Court.
Inadequate compensation is a distinct ground. A victim who is content with the conviction but not with what was awarded to him may appeal on that ground alone — which fits with section 395 and the duty to apply the mind to compensation in every case.

3. Appeals Against Acquittal

Figure 2: The special approach

📖 Chandrappa v. State of Karnataka, (2007) 4 SCC 415

Facts: The High Court reversed an acquittal and convicted the accused, and the question before the Supreme Court was the approach an appellate court should take when hearing an appeal against an acquittal, and how far it may substitute its own view for that of the trial court.

Held: The Supreme Court reviewed the authorities and set out the governing principles. An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded, and the Sanhita puts no limitation on that power and makes no distinction in terms between an appeal from a conviction and one from an acquittal. But the appellate court must bear in mind that in an acquittal there is a double presumption in favour of the accused: he is presumed innocent under the fundamental principle of criminal jurisprudence, and that presumption is reinforced and strengthened by his acquittal at the trial. It followed that where two reasonable conclusions are possible on the evidence, the appellate court should not disturb the finding of acquittal merely because it considers the other view preferable; it may interfere only where the view taken by the trial court is not a reasonably possible one. The Court emphasised that expressions such as “substantial and compelling reasons” are not intended to curtail the appellate power but to emphasise the reluctance with which an acquittal is disturbed.

Ratio: An appellate court has full power to reappreciate the evidence in an appeal against acquittal, but must bear in mind the double presumption of innocence. Where two reasonable views are possible it must not disturb the acquittal; it may interfere only where the view taken was not reasonably possible.

4. The Appellate Court’s Powers

Provision	Content
Section 425	Summary dismissal. The appellate court may dismiss the appeal summarily if, on examining the petition and the record, it considers there is no sufficient ground for interfering — but not without giving the appellant or his advocate a reasonable opportunity of being heard, and, where it dismisses an appeal under the section, it shall record its reasons
Section 427	Powers. On an appeal from an acquittal: reverse the order, direct further inquiry or a retrial, or find the accused guilty and pass sentence. On an appeal from a conviction: reverse the finding and acquit or order a retrial, alter the finding maintaining the sentence, or alter the nature or extent of the sentence — but not so as to enhance it. On an appeal for enhancement: all of the above, including enhancement
Section 430	Suspension of sentence and bail pending the appeal, for reasons recorded in writing
Section 432	Further evidence. The appellate court may, for reasons to be recorded, take further evidence or direct it to be taken by a Magistrate or a Court of Session
Section 433	Where the Judges of the Court of appeal are equally divided, the case is laid before another Judge, and the judgment follows his opinion
Section 434	Finality. Judgments and orders passed by an appellate court are final, except in the cases the Sanhita provides
Section 435	Abatement. An appeal under section 418 or 419 finally abates on the death of the accused; every other appeal under the Chapter, except an appeal from a sentence of fine, finally abates on the death of the appellant. But where the appeal is against a conviction and sentence of death or imprisonment, a near relative may, within thirty days of the death, apply for leave to continue the appeal

📖 Bani Singh v. State of Uttar Pradesh, (1996) 4 SCC 720

Facts: An appeal against conviction was dismissed for default, neither the appellant nor his counsel having appeared on the date fixed for hearing. The question was whether an appellate court may dismiss a criminal appeal for non-appearance, or must decide it on the merits.

Held: The Supreme Court held that the provisions governing the hearing of appeals require the appellate court to peruse the record and hear the appellant or his counsel, and contemplate a decision on the merits; there is no power to dismiss an appeal for default of appearance. Where the appellant or his counsel does not appear, the proper course is for the Court to examine the record and decide the appeal on the merits, and it may, if it thinks fit, appoint an advocate to assist it, particularly where the appellant is in jail. The Court held that dismissing an appeal for non-appearance deprives the appellant of the substantive right of appeal the statute confers, on a ground that has nothing to do with the merits of his case, and that an order of dismissal for default is accordingly without jurisdiction.

Ratio: A criminal appeal cannot be dismissed for non-appearance of the appellant or his counsel. The appellate court must examine the record and decide the appeal on its merits, appointing an advocate to assist it where appropriate.

5. Key Takeaways

The position stated shortly

1. Section 413: no appeal lies except as provided by the Sanhita or another law. The right of appeal is entirely statutory; there is no inherent right.

2. The proviso gives the victim a right of appeal against an acquittal, a conviction for a lesser offence, or inadequate compensation — and he needs no leave, unlike a complainant under section 419.

3. Section 415: from a Magistrate to the Court of Session; from a Court of Session or where the sentence exceeds seven years to the High Court; from the High Court in its extraordinary original criminal jurisdiction to the Supreme Court.

4. Section 416: where the accused pleads guilty and is convicted on the plea, no appeal lies, except from a Magistrate as to the extent or legality of the sentence. Section 417: no appeal in petty cases.

5. Section 418: the State Government may direct an appeal against a sentence on the ground of its inadequacy. Section 419: appeals against acquittal — by the State to the High Court, by the District Magistrate to the Sessions Court in a cognizable and non-bailable case, and by a complainant with special leave.

6. In an appeal against acquittal the appellate court has full power to reappreciate the evidence, but must bear in mind the double presumption of innocence: Chandrappa.

7. Where two reasonable views are possible, the acquittal must not be disturbed; interference is permissible only where the view taken was not reasonably possible.

8. Section 427: on an appeal from a conviction the court may reverse, order a retrial, alter the finding, or alter the sentence — but not enhance it. Enhancement is possible only on an appeal for enhancement.

9. A criminal appeal cannot be dismissed for non-appearance. The court must examine the record and decide on the merits, appointing an advocate where appropriate: Bani Singh.

10. Section 435: appeals under sections 418 and 419 abate on the death of the accused; others, except from a sentence of fine, abate on the death of the appellant — but a near relative may apply within thirty days for leave to continue an appeal against a conviction and sentence of death or imprisonment.

6. Frequently Asked Questions

Is there an inherent right of appeal in a criminal case?

No. Section 413 provides that no appeal shall lie from any judgment or order of a Criminal Court except as provided by the Sanhita or by any other law. The right is entirely statutory and exists only on the terms the statute lays down.

Can a victim appeal against an acquittal?

Yes, under the proviso to section 413, and he needs no leave. He may also appeal against a conviction for a lesser offence and against the imposition of inadequate compensation, the appeal lying to the court to which an appeal ordinarily lies against that court’s order of conviction.

When is no appeal available?

Where the accused pleads guilty and is convicted on that plea — except, from a Magistrate, as to the extent or legality of the sentence (section 416); and in petty cases where the sentence falls within the limits section 417 specifies. In both, the remedy is a revision.

How does an appellate court approach an appeal against acquittal?

It has full power to reappreciate the evidence, but must bear in mind that the presumption of innocence is reinforced by the acquittal. Where two reasonable views are possible it must not disturb the finding; it may interfere only where the view taken was not reasonably possible: Chandrappa v. State of Karnataka.

Can an appellate court enhance the sentence?

Not on the accused’s own appeal. Section 427 expressly forbids altering the sentence so as to enhance it on an appeal from a conviction. Enhancement is possible only on an appeal for enhancement under section 418, and then only after hearing the accused.

Can an appeal be dismissed if the appellant does not appear?

No. The appellate court must examine the record and decide the appeal on its merits, and may appoint an advocate to assist it, particularly where the appellant is in jail: Bani Singh v. State of U.P.

Related Topics

Appeal and Revision Distinguished
Bail Pending Appeal: Section 430, BNSS
Confirmation of a Death Sentence: Sections 407 to 412
Reference and Revision: Sections 436 to 445, BNSS
The Judgment: Sections 392 to 406, BNSS
The Victim under the BNSS, 2023