A conviction is not the end of the road. The law gives an accused the right to challenge it through an appeal, and gives courts a power of revision to correct errors. This guide explains criminal appeal and revision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which applies to appeals filed on or after 1 July 2024.
Appeal against conviction
Section 413 BNSS states the general rule that no appeal lies except as provided by the Sanhita or another law. Section 415 deals with appeals from convictions:
- A person convicted by a Magistrate can generally appeal to the Court of Session.
- A person convicted by a Sessions Judge or Additional Sessions Judge can appeal to the High Court.
- Appeals in some cases lie directly to the High Court, depending on the sentence and the court that tried the case.
- A person convicted by the High Court in its original jurisdiction appeals to the Supreme Court as the law provides.
Victim’s right to appeal
The proviso to Section 413 gives the victim the right to appeal against an order of acquittal, conviction for a lesser offence, or inadequate compensation. This is an important right, because the victim does not have to wait for the State to act.
Appeal by the State against acquittal
Section 419 allows the State to appeal against an order of acquittal. In many cases, the appeal against acquittal to the High Court requires the leave of the High Court. Appellate courts are slow to interfere with an acquittal, because the presumption of innocence is strengthened by the acquittal.
Suspension of sentence and bail pending appeal
Section 430 BNSS allows the appellate court to suspend the sentence and release the convict on bail while the appeal is pending, recording its reasons. This is crucial because appeals take years. Courts consider:
- The nature and gravity of the offence and the sentence.
- Whether the appeal has a good arguable case.
- The likely delay in hearing the appeal.
- The convict’s conduct during trial, including whether he was on bail.
Where the sentence is for a fixed term, courts are generally more willing to suspend it if the appeal is unlikely to be heard before most of the term is served.
Limitation for filing an appeal
Appeals are subject to the limitation periods in the Limitation Act, 1963. The periods differ according to the court and the type of order, and appeals against acquittal often have a longer period. If you miss the date, you can apply to condone the delay with a proper explanation. Always check the exact limit with your advocate at the time of judgment, and file as early as possible.
Revision: what is it?
Revision is a supervisory power. Higher courts can call for and examine the records of a lower court to check the correctness, legality or propriety of a finding, sentence or order, and the regularity of its proceedings.
- High Court: Sections 438 and 442 BNSS.
- Sessions Court: Sections 438, 440 and 441 BNSS, depending on the judge.
Limits on revision
- Revision is not a second appeal. Courts usually do not re-appreciate evidence in revision.
- The power should not be used to interfere with interlocutory orders in a routine manner.
- A revision cannot convert a finding of acquittal into conviction.
- A person who has a right of appeal should generally use the appeal.
Criminal appeal and revision: key differences
- Appeal: A statutory right, which allows the court to re-examine facts and law.
- Revision: A discretionary supervisory remedy, focused on illegality, impropriety and jurisdictional error.
- Scope: Appeal is wide, revision is narrow.
Other remedies
- Inherent powers of the High Court: To prevent abuse of process. See our guide on quashing of FIR under BNSS Section 528.
- Special leave petition: Against High Court orders before the Supreme Court under Article 136.
- Mercy and remission: As provided by law.
Practical tips
- Obtain a certified copy of the judgment and the full trial record immediately.
- Decide quickly whether to appeal, and which sections of the evidence to challenge.
- Apply for suspension of sentence along with the appeal.
- Prepare a clear list of grounds, covering law and facts.
- The Sanhita is available on India Code.
Frequently Asked Questions
Where do I appeal if a Magistrate convicts me?
Generally to the Court of Session, under Section 415 BNSS. The exact forum depends on the court and the sentence, so confirm it with your advocate.
Can a victim appeal against an acquittal?
Yes. The proviso to Section 413 BNSS gives the victim the right to appeal against acquittal, conviction for a lesser offence, or inadequate compensation.
Can I get bail after conviction?
Yes. The appellate court can suspend the sentence and release you on bail under Section 430 BNSS while the appeal is pending, after recording reasons.
What is the difference between appeal and revision?
An appeal is a statutory right that allows re-examination of facts and law. Revision is a supervisory power focused on legality, propriety and jurisdictional errors.
Is there a time limit to appeal?
Yes, under the Limitation Act, and it varies by court and type of order. Delay can be condoned for sufficient cause, but file as early as possible.
Can the State appeal against an acquittal?
Yes, under Section 419 BNSS, usually with the leave of the High Court.
Which BNSS sections deal with revision?
Sections 438 and 442 for the High Court, and Sections 438, 440 and 441 for Sessions Courts.
This article is general legal information and not a substitute for advice on your specific case. Consult an advocate before acting.