Chords of Hope
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) introduces a structured framework for the appeal process in criminal cases, ensuring a fair and transparent justice system. Appeals serve as a crucial mechanism for reviewing judicial decisions, allowing convicted individuals, victims, and even the government to seek redress against erroneous judgments. The BNSS lays down detailed provisions on who can appeal, the types of matters eligible for appeal, the procedure for filing, and the powers of appellate courts. By streamlining the appellate process, the law aims to balance the rights of the accused with the need for effective criminal justice administration.
Can an appeal be filed against any judgment or order of a Criminal Court?
No, an appeal can only be filed if it is provided for by the Bharatiya Nagarik Suraksha Sanhita, 2023, or any other law in force. However, a victim has the right to appeal against an order of acquittal, conviction for a lesser offence, or inadequate compensation.
Who can appeal against orders requiring security or rejection of surety?
Any person who has been ordered to provide security for keeping peace or good behaviour or is aggrieved by an order refusing to accept or rejecting a surety can appeal to the Court of Session.
Can a person convicted by the High Court appeal?
Yes, a person convicted by the High Court in its extraordinary original criminal jurisdiction can appeal to the Supreme Court.
Who can appeal to the High Court in cases of conviction?
Any person convicted by a Sessions Judge, Additional Sessions Judge, or any other court where a sentence of imprisonment for more than seven years has been passed can appeal to the High Court.
Who can appeal to the Court of Session in cases of conviction?
Any person convicted by a Magistrate of the first or second class, sentenced under Section 364, or sentenced under Section 401, by a Magistrate may appeal to the Court of Session.
What is the time limit for disposing of appeals filed against certain sentences?
Appeals against sentences under Sections 64, 65, 66, 67, 68, 70, or 71 of the Bharatiya Nyaya Sanhita, 2023, must be disposed of within six months from the date of filing.
Can a convicted person appeal if they pleaded guilty?
No appeal is allowed if the accused pleaded guilty and was convicted, except to challenge the extent or legality of the sentence.
Are there cases where no appeal is allowed for a convicted person?
Yes, a convicted person cannot appeal in petty cases where the sentence is limited to small fines or short imprisonment, except when another punishment is combined.
Can the State Government appeal against a sentence?
Yes, the State Government can appeal against a sentence on the ground of inadequacy to the Court of Session (if sentenced by a Magistrate) or to the High Court (if sentenced by any other court).
Can the Central Government appeal against a sentence?
Yes, if the offence was investigated under a Central Act other than the BNSS, the Central Government can appeal on the ground of inadequacy.
Can the State or Central Government appeal against an acquittal?
Yes, the District Magistrate can direct an appeal against a Magistrate’s acquittal in a cognizable and non-bailable offence, while the State or Central Government can appeal an acquittal to the High Court.
Is there a special leave requirement for appealing an acquittal?
Yes, appeals against acquittals in certain cases require the leave of the High Court.
Can a convicted person appeal if the High Court has reversed their acquittal?
Yes, if the High Court reverses an acquittal and sentences a person to death, life imprisonment, or ten years or more, they can appeal to the Supreme Court.
What happens if multiple persons are convicted in one trial?
If an appealable judgment is passed against any one of them, all convicted persons in that trial have a right to appeal.
How is an appeal heard in the Court of Session?
It is heard by the Sessions Judge or an Additional Sessions Judge. Appeals against convictions by a second-class Magistrate may be disposed of by the Chief Judicial Magistrate.
What is the process of filing an appeal?
An appeal must be in writing, presented by the appellant or their advocate, and accompanied by a copy of the judgment or order appealed against.
How can an appellant in jail file an appeal?
They may present their appeal petition to the jail officer, who will forward it to the proper appellate court.
Can an appeal be dismissed summarily?
Yes, if the appellate court finds no sufficient ground for interference, but reasonable opportunity must be given for the appellant to be heard.
What happens when an appeal is not dismissed summarily?
Notice of the hearing is given to relevant parties, and the court may call for the case record before deciding.
What powers does an appellate court have?
The appellate court can dismiss the appeal, reverse an acquittal, alter a conviction, modify or enhance a sentence, or order a retrial.
How are judgments of subordinate appellate courts governed?
They follow the rules applicable to judgments of original criminal courts, but the accused is not required to attend unless directed.
What happens after a High Court decision on appeal?
The High Court certifies its judgment to the lower court, which must conform to the decision.
Can a sentence be suspended during an appeal?
Yes, the appellate court can suspend the sentence and grant bail pending the appeal, with certain conditions for serious offences.
Can an accused be arrested in an appeal from acquittal?
Yes, the High Court may issue a warrant for the arrest of the accused in such appeals.
Can the appellate court take additional evidence?
Yes, if necessary, it can record additional evidence or direct another court to do so.
What happens if appellate judges are equally divided?
If High Court judges hearing an appeal are divided in opinion, the case is referred to another judge for a final decision.
Are judgments and orders passed by an appellate court final?
Yes, appellate court judgments and orders are final, except in cases where further appeal is permitted, such as appeals against acquittal, enhancement of sentence, or special cases under law.
Can an appellate court hear multiple appeals arising from the same case?
Yes, even after the final disposal of an appeal against conviction, the appellate court can still hear and decide on an appeal against acquittal or an appeal for sentence enhancement if they arise from the same case.
What happens to an appeal if the accused dies during its pendency?
If the appeal is against conviction or acquittal, it abates upon the death of the accused. However, in cases involving a sentence of death or imprisonment, a near relative of the accused may apply to continue the appeal within a specified time.
Can an appeal continue after the appellant’s death?
Generally, appeals abate upon the appellant’s death, except for appeals against fines, which do not abate. Additionally, if the appeal involves a conviction and sentence of death or imprisonment, a near relative may apply to continue it.
Who is considered a near relative in such cases?
A near relative includes a parent, spouse, lineal descendant, brother, or sister.
What does the term abatement mean in criminal proceedings?
In criminal proceedings, abatement refers to the discontinuation of proceedings due to the death of the accused or convict during the pending appeal.
Therefore, the appeal process under the Bharatiya Nagarik Suraksha Sanhita, 2023, reinforces the fundamental principle that justice must not only be done but also be seen to be done. By providing multiple avenues for challenging judicial decisions, the law upholds the right to a fair trial and rectifies potential miscarriages of justice. With clear timelines, structured procedures, and defined powers for appellate courts, the BNSS enhances the efficiency of the criminal justice system while ensuring that legal remedies remain accessible to all stakeholders.
Muneeb Rashid Malik is an Advocate practicing before the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi and Hon’ble High Court of Jammu & Kashmir and Ladakh. He is the Legal Advisor to Kashmir Uzma. He tweets @muneebmalikrash.
