Section 390 BNSS 2023 - Appeals from Convictions under Sections 383, 384, 388 and 389
Section 390 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a specific right of appeal against convictions imposed under Sections 383, 384, 388 and 389. It identifies the appellate forum and applies the general BNSS provisions governing appeals, subject to their applicability.
Text of Section 390, Bharatiya Nagarik Suraksha Sanhita, 2023
390. Appeals from convictions under sections 383, 384, 388 and 389.
(1) Any person sentenced by any Court other than a High Court under section 383, section 384, section 388, or section 389 may, notwithstanding anything contained in this Sanhita appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.
(2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.
(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate.
(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under section 386 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate.
What Section 390 BNSS means
Section 390 is an appellate safeguard for persons convicted in certain summary proceedings dealt with by the preceding provisions of the BNSS. The section overrides contrary provisions of the Sanhita to the extent stated in sub-section (1), and gives a person sentenced by a Court other than a High Court a route of appeal.
- Covered convictions: The appeal is specifically connected with convictions under Section 383, Section 384, Section 388 and Section 389.
- Who may appeal: A person sentenced by a Court other than a High Court under one of those sections.
- Normal appellate forum: The appeal generally lies to the Court to which decrees or orders of the sentencing Court are ordinarily appealable.
- Appellate powers: Subject to the applicable appeal provisions in Chapter XXXI, the appellate Court may alter or reverse the finding and may reduce or reverse the sentence.
- Special forum rules: Convictions by a Court of Small Causes, and convictions by a Registrar or Sub-Registrar treated as a Civil Court under Section 386, are appealable to the Court of Session specified in sub-sections (3) and (4).
Sections referred to in Section 390
| Provision | Subject | Why it matters for Section 390 |
|---|---|---|
| Section 383 | Summary procedure for trial for giving false evidence | A conviction under this provision is expressly appealable under Section 390. |
| Section 384 | Procedure in certain cases of contempt | A sentence imposed under this provision is one of the categories covered by Section 390. |
| Section 386 | When Registrar or Sub-Registrar is deemed to be a Civil Court | Section 390(4) uses this status to determine the appellate forum. |
| Section 388 | Imprisonment or committal for refusal to answer or produce a document | Convictions within Section 388 are expressly included in Section 390(1). |
| Section 389 | Summary procedure for punishment for non-attendance by a witness in obedience to summons | A conviction under this provision can be challenged through the special appeal provided by Section 390. |
Appellate forum under Section 390
The correct appellate Court depends on the authority that imposed the conviction. As a general rule, the appeal goes to the Court to which decrees or orders of that Court are ordinarily appealable. Section 390 then gives express rules for a Court of Small Causes and for a Registrar or Sub-Registrar deemed to be a Civil Court under Section 386.
Power of the Appellate Court
Sub-section (2) applies the provisions of Chapter XXXI to a Section 390 appeal so far as they are applicable. It also expressly permits the Appellate Court to alter or reverse the finding, or to reduce or reverse the sentence appealed against.
Related BNSS provisions
The provisions immediately surrounding Section 390 form a connected group dealing with court-related summary proceedings, refusal to answer or produce documents, witness non-attendance, and the corresponding appellate remedy.
Section 381 - Power to order costs | Section 382 - Procedure of Magistrate taking cognizance | Section 385 - Procedure where Court considers case should not be dealt with under Section 384 | Section 387 - Discharge of offender on submission of apology
Official legal sources
For the authoritative text and commencement of the BNSS, refer to the Government of India sources linked in the sidebar. The Ministry of Home Affairs hosts the new criminal laws and the Gazette notification appointing 1 July 2024 as the commencement date for the BNSS provisions, subject to the notified exception.