Appeals (ss.413–435 BNSS) — BNSS (Criminal Law II) Notes

Appeals (ss.413–435 BNSS)

No judge is infallible, so the law gives a second look — the appeal, a re-hearing on facts and law by a higher court. But an appeal is a creature of statute: it exists only where the Sanhita grants it, and a guilty plea or a petty sentence can shut the door.

No appeal except as provided (s.413 [s.372 CrPC]). An appeal lies only where the Sanhita (or another law) allows it. Proviso (BNSS): a victim now has a right of appeal against acquittal, conviction for a lesser offence, or inadequate compensation.
Appeals from convictions (s.415 [s.374 CrPC]). A Sessions conviction is appealed to the High Court; a Magistrate’s conviction to the Court of Session.
No appeal in petty cases (s.417 [s.376 CrPC]); no appeal on a guilty plea (s.416 — see 2.9).
Appeal against acquittal (s.419 [s.378 CrPC]). The State (and, in complaint cases, the complainant with leave) may appeal against an acquittal to the High Court — but the appellate court must give due weight to the trial court’s advantage of seeing the witnesses.
Powers of the appellate court (s.427 [s.386 CrPC]). It may reverse an acquittal, alter or reduce a conviction/sentence, or order a re-trial.
Abatement of appeals (s.435 [s.394 CrPC]). Every appeal abates on the death of the accused-appellant — except an appeal against a sentence of fine, and an appeal from a conviction with a sentence of death/imprisonment, which a near relative may apply to continue within 30 days.

🧩 WORKED EXAMPLE — appellant dies pending appeal

Facts. A and B are sentenced to imprisonment and fine; both appeal; B dies during the appeal; B’s near relative wants to set aside B’s conviction and recover the fine.

Rule. Section 435: an appeal abates on the appellant’s death, except an appeal against a fine, which survives; and a near relative may apply within 30 days to continue an appeal against a conviction with imprisonment/death.

Apply. B’s appeal does not wholly abate: insofar as it challenges the fine (a charge on his estate), it survives, and a near relative may continue it.

Conclusion. The relative may continue the appeal to the extent of the fine; the decoy is assuming the appeal abates absolutely on death.

Section 435(1) BNSS: “Every… appeal under section 419 shall finally abate on the death of the accused, and every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant: Provided that… any of his near relatives may apply to the Appellate Court for leave to continue the appeal…”

In Simple Terms: Death normally ends an appeal — but an appeal against a fine lives on, and a close relative may carry on an appeal against imprisonment or death.

flowchart TD
    ROOT["Appeals ss.413-435"]:::root
    ROOT --> A["Right of appeal: only if statute allows s.413<br/>(victim's appeal now added)"]:::leaf
    ROOT --> B["From conviction s.415; against acquittal s.419"]:::leaf
    ROOT --> C["Appellate powers s.427:<br/>reverse, alter, reduce, re-trial"]:::leaf
    ROOT --> D["Abatement s.435: dies = abates<br/>EXCEPT fine; near relative may continue"]:::sidebox
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef sidebox fill:#FDE7C9,stroke:#B45309,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Chandrakant Patil v. State (1998) — a near relative may continue an appeal against conviction after the appellant’s death, subject to leave.
Chandrappa v. State of Karnataka (2007) — in an appeal against acquittal, the appellate court must give weight to the presumption of innocence reinforced by acquittal.

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