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Appeals Under BNSS

Appeal under BNSS

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Jamanul Hassan
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585 views1 page

Appeals Under BNSS

Appeal under BNSS

Uploaded by

Jamanul Hassan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Appeals

Appeals provide individuals a mechanism to challenge judgments or orders they find


unsatisfactory. In this article, we will be studying about the key sections governing the
concept of appeals under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

1. Right to Appeal (Section 413):


Section 413 of BNSS says that no appeal shall lie from any judgment or order of a
Criminal Court except as provided for by the BNSS or any other prevailing law.

However, inherent right of appeal is granted to victims against orders acquitting the
accused, convicting for a lesser offense, or imposing inadequate compensation.

2. Supreme Court's Authority (Section 415):


Section 415 of BNSS outlines the scenarios in which an appeal may be made directly
to the Supreme Court.

3. Appellate Jurisdiction of High Courts (Section 416):


Section 416 of BNSS defines the appellate jurisdiction of High Courts, specifying the
types of cases over which they have authority.

4. Restrictions on Appeals (Section 417):


Section 417 of BNSS imposes certain limitations on the right to appeal, categorically
specifying cases where no appeal lies.

5. Appeal Procedure (Section 423):


Section 423 of BNSS details the procedure for filing an appeal, emphasizing the
importance of a written petition accompanied by a copy of the judgment or order being
appealed against.

6. Suspension of Sentence and Bail (Section 430):


Section 430 of BNSS provides provision for the suspension of the execution of a
sentence pending appeal. It also grants the Appellate Court the authority to release the
appellant on bail, ensuring that individuals are not unduly subjected to incarceration during
the appeal process.

7. Finality of Appellate Judgments (Section 434):


Section 434 of BNSS emphasizes the finality of judgments and orders passed by
Appellate Courts, instilling legal certainty in the system.

8. Abatement of Appeals on Death (Section 435):


Section 435 of BNSS introduces the concept of abatement, concluding appeals upon
the death of the accused or appellant. However, recognizing the gravity of certain cases, it
allows near relatives to seek leave to continue the appeal.

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