Bharatiya Nagarik Suraksha Sanhita, 2023
Section 413 BNSS: No Appeal to Lie Unless Otherwise Provided
Section 413 lays down the basic rule governing criminal appeals under the Bharatiya Nagarik Suraksha Sanhita, 2023: an appeal is maintainable only when the BNSS or another law expressly provides a right of appeal. It also preserves an express statutory right of appeal for a victim in specified situations.
Text of Section 413 BNSS
413. No appeal to lie unless otherwise provided. No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:
Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.
Meaning and scope of Section 413
Section 413 states a foundational rule of criminal appellate procedure: there is no inherent or automatic right of appeal against every judgment or order of a criminal court. A party must identify a provision in the BNSS or another law that specifically authorizes the appeal.
In practical terms, the section acts as the gateway to Chapter XXXI of the BNSS. The succeeding provisions specify when appeals are available, when appeals are restricted, who may appeal, and the court before which an appeal must be filed.
Victim's statutory right of appeal
The proviso to Section 413 gives a victim a right to appeal in three specific situations:
- when the accused is acquitted;
- when the accused is convicted of a lesser offence; or
- when the court imposes inadequate compensation.
This victim-oriented proviso is important because it expressly recognizes an independent statutory appellate remedy in the circumstances stated in the section.
Where does the victim's appeal lie?
Section 413 provides that the victim's appeal lies to the court to which an appeal would ordinarily lie against an order of conviction passed by the court that made the challenged order. The appropriate appellate forum therefore depends on the court that passed the original judgment or order and the applicable appellate structure.
Section 413 and the earlier Code of Criminal Procedure
The subject matter of Section 413 BNSS corresponds broadly to Section 372 of the Code of Criminal Procedure, 1973, which also embodied the rule that no appeal lies unless provided by law and recognized a victim's right of appeal in specified cases. For proceedings governed by the current criminal procedure law, the applicable BNSS provisions should be read together with the relevant commencement and savings provisions.
Official legal resources
For the authoritative text and current status of the Bharatiya Nagarik Suraksha Sanhita, 2023, see the India Code - Bharatiya Nagarik Suraksha Sanhita, 2023.
The Ministry of Home Affairs notification dated 23 February 2024 appointed 1 July 2024 as the date on which the BNSS provisions came into force, subject to the exception stated in that notification. See the Ministry of Home Affairs Gazette notification.
Frequently asked questions
Does Section 413 itself permit an appeal against every criminal court order?
No. Section 413 says the opposite: an appeal lies only where the BNSS or another law provides for it.
Can a victim appeal against an acquittal?
Yes. The proviso expressly gives a victim a right to appeal against an order acquitting the accused, subject to the applicable procedural requirements.
Can a victim appeal where the accused is convicted for a lesser offence?
Yes. That is one of the situations expressly covered by the proviso to Section 413.
Can a victim appeal against inadequate compensation?
Yes. Section 413 expressly includes an order imposing inadequate compensation among the orders against which the victim may appeal.