Bharatiya Nagarik Suraksha Sanhita, 2023
Section 415 BNSS: Appeals from Convictions
Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) specifies the appellate court to which a person convicted in a criminal trial may appeal. Depending on the court of conviction and the sentence imposed, the appeal lies to the Supreme Court, the High Court or the Court of Session.
Important transition rule: Section 531 of the BNSS repeals the Code of Criminal Procedure, 1973, but preserves the old Code for any appeal, application, trial, inquiry or investigation that was already pending immediately before the BNSS came into force. Accordingly, the applicable procedural law may depend on when the proceeding became pending.
What Section 415 BNSS provides
Section 415 is the principal provision in Chapter XXXI of the BNSS dealing with an appeal by a convicted person. It identifies the appellate forum according to the court that conducted the trial and, in certain cases, the length of imprisonment imposed.
| Conviction or sentence | Appellate court | Section 415 |
|---|---|---|
| Conviction after a trial held by a High Court in its extraordinary original criminal jurisdiction | Supreme Court | Sub-section (1) |
| Conviction after a trial by a Sessions Judge or Additional Sessions Judge | High Court | Sub-section (2) |
| Conviction by any other Court where imprisonment for more than seven years is passed against the convicted person or another person convicted at the same trial | High Court | Sub-section (2) |
| Conviction after a trial by a Magistrate of the first class or second class, subject to sub-section (2) | Court of Session | Sub-section (3)(a) |
| Sentence under Section 364 BNSS, subject to sub-section (2) | Court of Session | Sub-section (3)(b) |
| Order made or sentence passed under Section 401 BNSS by a Magistrate, subject to sub-section (2) | Court of Session | Sub-section (3)(c) |
Text of Section 415 BNSS
415. Appeals from convictions.—(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial, may appeal to the High Court.
(3) Save as otherwise provided in sub-section (2), any person,—
(a) convicted on a trial held by Magistrate of the first class, or of the second class; or
(b) sentenced under section 364; or
(c) in respect of whom an order has been made or a sentence has been passed under section 401 by any Magistrate, may appeal to the Court of Session.
(4) When an appeal has been filed against a sentence passed under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.
Explanation of Section 415
1. Appeal to the Supreme Court
Under sub-section (1), a person convicted in a trial held by a High Court while exercising its extraordinary original criminal jurisdiction may appeal to the Supreme Court. The provision therefore identifies the Supreme Court as the appellate forum for this category of conviction.
2. Appeal to the High Court
Sub-section (2) provides a High Court appeal where the conviction follows a trial by a Sessions Judge or Additional Sessions Judge. It also covers a trial held by another court where a sentence of imprisonment exceeding seven years is imposed on the appellant or on another person convicted at the same trial.
3. Appeal to the Court of Session
Subject to sub-section (2), sub-section (3) gives a right of appeal to the Court of Session in the listed Magistrate cases, including convictions by a Magistrate of the first class or second class and the specified orders or sentences under Sections 364 and 401 of the BNSS.
4. Six-month disposal requirement
Sub-section (4) creates a time-bound requirement for appeals against sentences passed under Sections 64, 65, 66, 67, 68, 70 or 71 of the Bharatiya Nyaya Sanhita, 2023. Such an appeal is required to be disposed of within six months from the date on which it is filed.
Section 415 and the surrounding appeal provisions
Section 415 should be read with the other provisions in Chapter XXXI of the BNSS. In particular, Section 413 states the general rule that no appeal lies unless provided by the BNSS or another law. Section 416 deals with restrictions on appeal following a plea of guilty, while Section 417 restricts appeals in specified petty cases.
The Chapter also provides for a State appeal against sentence under Section 418, an appeal in case of acquittal under Section 419, and an appeal against conviction by a High Court in certain cases under Section 420.
Practical points before filing an appeal
- Identify the court that conducted the trial and pronounced the conviction.
- Check the sentence imposed, because a sentence of imprisonment exceeding seven years can determine whether the appeal lies to the High Court.
- Read Sections 413 to 420 together to check whether any restriction or special appellate route applies.
- For a proceeding already pending immediately before 1 July 2024, examine the savings provision in Section 531 BNSS before applying the new procedural provisions.
- Where sub-section (4) applies, the statute requires disposal of the appeal within six months from the date of filing.
In short: Section 415 BNSS allocates appellate jurisdiction after conviction. A High Court conviction in extraordinary original criminal jurisdiction goes to the Supreme Court; Sessions Court convictions and certain sentences exceeding seven years go to the High Court; and the specified Magistrate matters ordinarily go to the Court of Session.
Official legal sources
For the authoritative statutory text, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The commencement notification appointing 1 July 2024 as the date on which the BNSS came into force is available from the Ministry of Home Affairs.