Section 419 BNSS: Appeal in Case of Acquittal
Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets out the statutory route for challenging an order of acquittal. It identifies when the District Magistrate, State Government, Central Government or complainant may initiate an appeal, the court in which the appeal lies, when leave or special leave of the High Court is required, and the applicable time limit for a complainant seeking special leave.
Meaning and Scope of Section 419 BNSS
An acquittal is a judicial determination that the accused is not convicted of the offence charged. Section 419 regulates appeals against such acquittal orders. The provision distinguishes between cases arising from a Magistrate's acquittal, acquittals by other courts, cases investigated by an agency empowered under a Central Act, and complaint cases in which the complainant seeks to challenge the acquittal.
The appellate forum depends on the source and nature of the acquittal. In specified cases involving a Magistrate's acquittal for a cognizable and non-bailable offence, the appeal may lie to the Court of Session. Other qualifying acquittal appeals may lie to the High Court, subject to the statutory requirements in Section 419.
Who May Appeal and Where the Appeal Lies
| Situation | Authority / appellant | Appellate court | Key condition |
|---|---|---|---|
| Acquittal by a Magistrate in a cognizable and non-bailable offence | District Magistrate may direct the Public Prosecutor | Court of Session | Section 419(1)(a) |
| Other qualifying original or appellate acquittal by a court other than the High Court | State Government may direct the Public Prosecutor | High Court | Subject to Section 419 and exclusions stated in the provision |
| Qualifying acquittal in a case investigated by an agency empowered under a Central Act other than BNSS | Central Government may direct the Public Prosecutor | Court of Session or High Court, as applicable | Section 419(2) |
| Acquittal in a case instituted upon complaint | Complainant | High Court | Special leave of the High Court is required under Section 419(4) |
Leave and Special Leave Requirements
Section 419(3) provides that an appeal to the High Court under sub-section (1) or sub-section (2) shall not be entertained except with the leave of the High Court.
In a case instituted upon complaint, Section 419(4) creates a separate route. The complainant may appeal to the High Court only if the High Court grants special leave to appeal from the order of acquittal.
Section 419(6) further provides that if the complainant's application for special leave under Section 419(4) is refused, no appeal from that acquittal lies under Section 419(1) or Section 419(2).
Time Limit for a Complainant's Special Leave Application
Under Section 419(5), an application by the complainant for special leave to appeal from an order of acquittal cannot be entertained after:
- Six months where the complainant is a public servant; and
- Sixty days in every other case.
The period is computed from the date of the order of acquittal.
Section 419 BNSS - Statutory Text
419. Appeal in case of acquittal.
(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),-
(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.
(2) If such an order of acquittal is passed in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal-
(a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
(b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.
(3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.
(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
(5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
(6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).
Practical Points Under Section 419
1. Identify the correct appellate forum
Before filing, determine whether the statutory appeal lies to the Court of Session or to the High Court. The answer depends on the court that passed the acquittal, the nature of the offence and the authority directing or presenting the appeal.
2. High Court leave is a statutory requirement
Where Section 419 requires leave or special leave of the High Court, that requirement is not merely procedural wording. The appeal must be presented in the manner permitted by the provision and applicable court rules.
3. Complaint cases have a specific special-leave route
A complainant in a case instituted upon complaint should pay particular attention to Section 419(4) and the limitation in Section 419(5). The statutory time runs from the date of the acquittal order.
4. Check whether BNSS or the saved CrPC procedure applies
BNSS took effect on 1 July 2024, but Section 531 preserves the operation of the Code of Criminal Procedure, 1973 for specified proceedings that were already pending immediately before commencement. The procedural history of the particular matter should therefore be checked before choosing the provision under which an appeal is filed.
Official Legal Resources
For the authoritative statutory text and commencement notification, refer to the official Government of India resources below: