Bharatiya Nagarik Suraksha Sanhita, 2023

Section 424 BNSS: Procedure When Appellant Is in Jail

Section 424 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a direct method for a person who is in jail to present a criminal appeal. Instead of requiring the appellant personally to approach the Appellate Court, the provision allows the petition of appeal and the accompanying copies to be delivered to the officer in charge of the jail, who must forward them to the proper Appellate Court.

Text of Section 424 BNSS

424. Procedure when appellant in jail. If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court.

What Section 424 BNSS Means

The provision protects access to the appellate process for a person who is in custody. The appellant may hand over the appeal petition, together with the documents that accompany it, to the officer in charge of the jail. The jail authority then has the statutory responsibility to forward the appeal papers to the court that has jurisdiction to hear the appeal.

Section 424 should be read with Section 423 BNSS, which deals with the petition of appeal, and with Section 425 BNSS, which governs summary dismissal of appeals.

Essential Requirements Under Section 424

The appellant must be in jail.
The appellant may present the petition of appeal through the officer in charge of the jail.
The copies accompanying the appeal may be submitted along with the petition.
The officer in charge of the jail must forward the petition and copies to the proper Appellate Court.

Why the Provision Is Important

A person in custody may face practical restrictions in approaching a court directly. Section 424 creates a statutory channel through the jail administration so that incarceration does not by itself prevent the filing of an appeal. The duty imposed on the officer in charge is expressed in mandatory language: the officer "shall" forward the petition and accompanying copies to the proper Appellate Court.

Section 424 BNSS and Former Section 383 CrPC

Section 424 BNSS corresponds to Section 383 of the Code of Criminal Procedure, 1973. The central mechanism remains the same: an appellant in jail can present the appeal papers to the officer in charge of the jail for transmission to the proper Appellate Court.

Current law	Earlier provision	Subject
Section 424, BNSS 2023	Section 383, CrPC 1973	Procedure when appellant is in jail

Commencement and Transitional Position

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and generally came into force on 1 July 2024. Section 531 BNSS contains the repeal-and-savings provisions. In particular, appeals and certain other proceedings that were already pending immediately before commencement continue to be dealt with under the Code of Criminal Procedure, 1973 in accordance with the statutory savings clause.

Practical note: Whether BNSS or the earlier CrPC applies to a particular appeal can depend on the date and procedural posture of the underlying proceeding. The repeal-and-savings provision should therefore be checked in cases that began before 1 July 2024.

Related BNSS Appeal Provisions

The provision forms part of Chapter XXXI of the BNSS dealing with appeals. Nearby provisions address the form of an appeal, summary dismissal, hearing of appeals, powers of the Appellate Court, appellate judgments, certification of High Court orders, and suspension of sentence pending appeal.

Official Sources

Disclaimer: This article is for general legal information. Court procedure, limitation, filing requirements and the law applicable to a particular matter should be verified from the current statute, applicable rules and court directions.