Appeals to Higher Courts

The BNSS, like other procedural codes, provides avenues for challenging the decisions of lower criminal courts through appeals to higher judicial forums. This ensures a mechanism for review and rectification of potential errors.

Appeal to Court of Session

• Jurisdiction: Section 407 BNSS (likely corresponding to Section 372 CrPC) provides for appeals from judgments of Magistrates. Appeals from orders passed by Magistrates in the first instance, other than judgments of conviction, lie to the Court of Session.

• Who can appeal: The person aggrieved by an order of a Magistrate.

• Nature of Orders: This typically includes appeals against interlocutory orders or final orders that are not convictions, passed by Magistrates.

Appeal to High Court

• Against Conviction: Section 408 BNSS (likely corresponding to Section 374 CrPC) allows an appeal against any order of conviction made by any Court of Session or Additional Sessions Judge or Assistant Sessions Judge.

• Against Sentence: An appeal also lies against the legality or the excessiveness of the sentence passed.

• From Magistrates: Appeals against convictions by any Magistrate (First Class or Second Class) also lie to the High Court in certain cases, as specified by law or rules, or when the order is not appealable to the Court of Session.

• Against Acquittal: The State Government or a victim may appeal to the High Court against an order of acquittal passed by an Sessions Court or Magistrate, under specific conditions and timelines (Section 409 BNSS).

Appeal to Supreme Court

• Constitutional Right: An appeal to the Supreme Court of India lies in accordance with Article 136 of the Constitution of India (Special Leave Petition) or Article 134 for certain criminal matters. BNSS does not directly govern appeals to the Supreme Court, but its procedures and judgments are subject to Supreme Court review.

• Special Leave: A party aggrieved by a judgment of the High Court in a criminal matter can seek special leave to appeal from the Supreme Court.

Appeals by the State

The State, through its prosecuting agency, also has the right to appeal in certain circumstances, primarily to ensure justice is served and to challenge wrongful acquittals or lenient sentences.

• Against Acquittal: The State Government may direct the Public Prosecutor to present an appeal to the High Court against an order of acquittal passed by an Associate Sessions Judge or an Assistant Sessions Judge, or a Magistrate.

• Against Sentence: If the State considers a sentence to be inadequate, it may appeal to the High Court for enhancement of the sentence. This is typically allowed for certain types of offences where the sentence awarded is deemed too lenient.

• Against Order for Further Inquiry: In cases where a Magistrate or Court of Session passes an order for further inquiry, the State can also appeal against such an order.

• BNSS Provisions: Section 409 BNSS (likely governing appeals against acquittal) and related sections would detail the specific grounds and procedures for state-initiated appeals.

Appeals by the Accused

The accused, if convicted, has the primary right to appeal against the conviction or the sentence awarded.

• Against Conviction: An accused convicted by a Magistrate, Sessions Judge, Additional Sessions Judge, or Assistant Sessions Judge can file an appeal to the appropriate higher court (Court of Session or High Court, as per Section 407 and 408 BNSS).

• Against Sentence: The accused can also appeal against the legality or the excessiveness of the sentence awarded.

• Grounds for Appeal: Appeals can be based on various grounds, including errors of law, misinterpretation of evidence, procedural irregularities, or the sentence being disproportionate to the offence.

Special Leave to Appeal

While BNSS governs procedural appeals, the ultimate recourse for any aggrieved party in the criminal justice system lies with the Supreme Court through special leave.

• Constitutional Provision: Article 136 of the Constitution of India empowers the Supreme Court to grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.

• Discretionary Power: This is a discretionary power of the Supreme Court and is usually exercised in cases involving substantial questions of law, gross miscarriage of justice, or exceptional circumstances.

• BNSS's Indirect Influence: The decisions and procedures under BNSS are subject to scrutiny under Article 136, where the Supreme Court can intervene if it finds gross errors or injustices.

Timelines for Filing Appeals

There are specific time limits prescribed for filing appeals to ensure the prompt disposal of cases and to prevent the indefinite hanging of the sword of litigation.

• Limitation Act: The filing of criminal appeals is generally governed by the Limitation Act, 1963, which specifies the time period within which an appeal must be filed. For instance, an appeal against a conviction by a Magistrate to the Court of Session or High Court typically has a limitation period of 30 days. An appeal against an acquittal by the State Government also has a specified period.

• Condemnation of Delay: If an appeal is filed beyond the prescribed period, the court may condone the delay if sufficient cause is shown for the delay.

• BNSS Specifics: BNSS would likely reiterate or adapt these time limits within its chapter on appeals (e.g., Section 407, 408, 409 BNSS would specify the limitation periods or refer to the general law of limitation).

Power of Revision of High Court

Revision is a power exercised by the High Court to examine the correctness, legality, or propriety of any criminal proceedings or orders passed by subordinate criminal courts. It is generally exercised when no appeal lies or when the appeal has been decided.

Section 401 BNSS (or equivalent)

• Scope of Power: Section 401 BNSS (which is likely to correspond to Section 401 CrPC) empowers the High Court, in its discretion, to examine the record of any proceeding before any inferior criminal court.

• Powers Exercised: The High Court may, if it thinks fit, call for the record of the proceedings, and may pass such order as it thinks fit in the exercise of its revisionary powers. This includes:

  • Altering or setting aside any finding, sentence, or order.

  • Directing new inquiry to be made.

  • Committing any person for trial.

  • Taking further evidence or directing it to be taken.

  • Passing any sentence or order authorized by law.

• Basis: The revisionary power is exercised to correct errors of law, jurisdiction, or procedure, or to prevent miscarriage of justice.

• Not an Appeal: Revision is not a substitute for appeal. The High Court generally does not interfere with findings of fact unless there is a gross perversion of evidence or a flagrant disregard of legal principles.

• Procedure: The High Court can exercise this power either on its own motion or on an application made by the aggrieved party.

Superintendence of High Court over subordinate courts

• Constitutional Power: Article 227 of the Constitution of India grants the High Court the power of superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.

• Application in Criminal Matters: This power of superintendence also extends to criminal courts subordinate to the High Court, allowing the High Court to ensure that these courts function within their jurisdictional limits and adhere to legal procedures.

• BNSS Alignment: The revisionary powers under BNSS are an exercise of this broader constitutional power of superintendence, providing a statutory framework for its application in criminal proceedings.