What does Section 295 BNSS provide?

Section 295 provides that a judgment delivered by the Court under Section 294 is final and that no appeal lies against it, subject to the constitutional remedies expressly preserved in the section.

Can an appeal be filed against a judgment covered by Section 295 BNSS?

An ordinary statutory appeal is barred by Section 295. The section expressly preserves a special leave petition under Article 136 and writ jurisdiction under Articles 226 and 227 of the Constitution of India.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 295 BNSS - Finality of Judgment

Section 295 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the finality of a judgment delivered in the plea bargaining process under Section 294. It bars an ordinary appeal while expressly preserving specified constitutional remedies.

The BNSS was enacted as Act No. 46 of 2023 and came into force on July 1, 2024. Section 295 appears in Chapter XXIII, which deals with plea bargaining.

ProvisionSection 295, BNSS 2023

SubjectFinality of judgment

Related provisionSection 294 - Judgment of Court

Chapter contextPlea bargaining

On this page Text of Section 295 | Meaning and effect | Constitutional remedies | Related BNSS provisions

Text of Section 295 BNSS

295. Finality of judgment.

The judgment delivered by the Court under section 294 shall be final and no appeal (except the special leave petition under article 136 and writ petition under articles 226 and 227 of the Constitution) shall lie in any Court against such judgment.

Meaning and legal effect of Section 295

Section 295 gives finality to a judgment delivered by the Court under Section 294 BNSS. The provision is part of the statutory framework governing plea bargaining. Its effect is that the parties do not have a regular statutory right of appeal against such a judgment.

The expression "shall be final" is therefore important. It limits the ordinary appellate route after the Court has delivered a judgment in accordance with the plea bargaining provisions. The bar, however, is not absolute because Section 295 itself preserves certain constitutional remedies.

Exceptions expressly preserved by Section 295

Although an ordinary appeal is barred, Section 295 expressly refers to the following constitutional remedies:

Article 136 of the Constitution: a party may invoke the jurisdiction of the Supreme Court by seeking special leave to appeal. Article 136 is a discretionary constitutional remedy and not a regular statutory appeal.
Article 226 of the Constitution: the writ jurisdiction of a High Court remains expressly preserved by Section 295.
Article 227 of the Constitution: the supervisory jurisdiction of a High Court over courts and tribunals within its territorial jurisdiction is also expressly preserved.

Important: Section 295 does not create a general right of appeal. It makes the Section 294 judgment final, subject only to the constitutional remedies specifically mentioned in the provision and to the scope and limitations governing those remedies.

Relationship between Sections 294 and 295 BNSS

Section 294 BNSS concerns the judgment to be delivered by the Court in the plea bargaining process. Section 295 then attaches finality to that judgment and specifies the limited constitutional routes that remain available.

Official legal resources

For the authoritative statutory text and constitutional provisions, readers should verify the current text on official Government of India sources, including India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Legislative Department - Constitution of India.

Last reviewed: September 11, 2026. This page is for general legal information and should not be treated as a substitute for advice on the facts of a particular case.