Appeals, Reference, Revision & Execution — KSLU Bnss Notes
Appeals, Reference, Revision & Execution
The BNSS provides a tiered structure of post-judgment remedies:
| Remedy | Nature |
|---|---|
| Appeal | A challenge on fact and law to a higher court (no appeal from a plea of guilty save as to extent/legality of sentence; no appeal in petty cases) |
| Reference (S.436) | A subordinate court refers a question of law (e.g. validity of an Act) to the High Court |
| Revision (Ss.438–442) | The High Court / Sessions Court examines the correctness, legality or propriety of a subordinate court’s order |
| Inherent powers (S.528) | The High Court’s residual power to prevent abuse of process and secure the ends of justice |
A death sentence requires confirmation by the High Court (S.407). On execution, settled constitutional jurisprudence (the Vatheeswaran / Triveniben / Shatrughan Chauhan line) holds that inordinate and unexplained delay in carrying out a death sentence — including delay in disposing of a mercy petition — inflicts mental agony violating Article 21 and is a ground to commute the sentence to life imprisonment.