What are the current provisions governing criminal appeals?

Chapter XXXI of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), sections 413 to 435, governs appeals in proceedings to which the BNSS applies. Section 413 states the general rule that no appeal lies unless provided by the BNSS or another law. Appeals from convictions are principally governed by section 415.

Where does an appeal from a Magistrate's conviction ordinarily lie?

Subject to the exceptions in the BNSS, a person convicted by a Magistrate of the first or second class may appeal to the Court of Session under section 415(3) BNSS. Convictions by a Sessions Judge or Additional Sessions Judge, and specified cases involving imprisonment exceeding seven years, are appealable to the High Court under section 415(2).

How can a prisoner file a criminal appeal?

Section 424 BNSS provides the procedure when an appellant is in jail. A person in jail may present the petition of appeal and accompanying copies to the officer in charge of the jail, who must forward them to the proper Appellate Court.

What right of appeal does a victim have?

The proviso to section 413 BNSS gives a victim a right to appeal against an order acquitting the accused, convicting for a lesser offence, or imposing inadequate compensation. Such appeal lies to the Court to which an appeal ordinarily lies against the order of conviction of that Court.

Who is a 'victim' for criminal-procedure purposes?

Section 2(1)(y) BNSS defines 'victim' as a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim.

What is the limitation period for filing a criminal appeal?

There is no single limitation period applicable to every criminal appeal. The applicable period depends on the type of appeal, the court, the Limitation Act, 1963, and any special statute. For example, section 419 BNSS itself prescribes time limits for specified applications seeking special leave to appeal from acquittal in complaint cases. The particular appellate remedy should therefore be identified before calculating limitation.

When can the State appeal against an acquittal?

Section 419 BNSS governs appeals against acquittal. Among other situations, the District Magistrate may direct the Public Prosecutor to appeal to the Court of Session from a Magistrate's acquittal in respect of a cognizable and non-bailable offence. Other acquittal appeals may lie to the High Court, subject to the statutory conditions including leave where required.

Are appeals barred in petty cases?

Yes, section 417 BNSS restricts appeals in specified petty cases. The bar is subject to the precise sentence, court and exceptions stated in that section. The current BNSS thresholds should be checked rather than relying on the former CrPC monetary limits.

Can the State appeal against inadequacy of sentence?

Yes. Section 418 BNSS empowers the State Government, in cases specified by that provision, to direct the Public Prosecutor to present an appeal against a sentence on the ground of inadequacy. The Central Government has corresponding power in cases investigated by specified Central agencies.

Can an Appellate Court dismiss an appeal summarily?

Section 425 BNSS permits summary dismissal where, after examining the petition and copy of the judgment and after following the statutory opportunity-of-hearing requirements, the Appellate Court considers that there is no sufficient ground for interference.

What powers does an Appellate Court have?

Section 427 BNSS specifies the powers of the Appellate Court. Depending on the nature of the appeal, the Court may reverse findings or sentences, order retrial or further inquiry where legally permissible, alter findings, alter the nature or extent of sentence subject to statutory safeguards, or alter or reverse other appealable orders.

Can additional evidence be taken during a criminal appeal?

Yes. Under section 432 BNSS, if additional evidence is necessary, the Appellate Court may record reasons and either take the evidence itself or direct it to be taken by the competent court as provided in the section.

What is a criminal revision petition?

Revision is supervisory jurisdiction distinct from an appeal. Sections 438 to 445 BNSS govern calling for records and revisional powers of the Sessions Judge and High Court. Revision is generally used to examine the correctness, legality or propriety of qualifying findings, sentences or orders, subject to statutory restrictions including those relating to interlocutory orders.

Can revision be used when an appeal is available?

Revision is not a substitute for a statutory appeal. Where an appeal lies and the party could have appealed, the restrictions in the BNSS on revisional jurisdiction must be considered. The High Court and Sessions Court exercise revision only within the limits of Chapter XXXII.

What is plea bargaining under BNSS?

Plea bargaining is a court-supervised statutory procedure under Chapter XXIII, sections 289 to 300 BNSS. It allows an eligible accused to voluntarily seek a mutually satisfactory disposition of the case and, if the statutory process succeeds, enables the Court to dispose of the case under section 293.

Updated: 1 September 2026

Criminal Appeals under BNSS: Revision, Additional Evidence, Plea Bargaining, Compounding, Mediation and Maintenance

This updated Criminal Law GK guide explains criminal appeals, victim and State appeals, limitation, appellate powers, additional evidence, revision, plea bargaining, compounding, mediation and maintenance under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Which procedural law applies? The BNSS came into force on 1 July 2024 and repealed the Code of Criminal Procedure, 1973. Under section 531 BNSS, however, an appeal, application, trial, inquiry or investigation already pending immediately before commencement continues under the CrPC, 1973. Always identify whether the BNSS or the saved CrPC procedure governs the particular matter.

Criminal Appeal, Revision, Settlement and Maintenance: Questions & Answers

S.No.	Legal Term / Question	Updated Answer
1	What are the current provisions governing criminal appeals?	Chapter XXXI of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), sections 413 to 435, governs appeals in proceedings to which the BNSS applies. Section 413 states the general rule that no appeal lies unless provided by the BNSS or another law. Appeals from convictions are principally governed by section 415.
2	Where does an appeal from a Magistrate's conviction ordinarily lie?	Subject to the exceptions in the BNSS, a person convicted by a Magistrate of the first or second class may appeal to the Court of Session under section 415(3) BNSS. Convictions by a Sessions Judge or Additional Sessions Judge, and specified cases involving imprisonment exceeding seven years, are appealable to the High Court under section 415(2).
3	How can a prisoner file a criminal appeal?	Section 424 BNSS provides the procedure when an appellant is in jail. A person in jail may present the petition of appeal and accompanying copies to the officer in charge of the jail, who must forward them to the proper Appellate Court.
4	What right of appeal does a victim have?	The proviso to section 413 BNSS gives a victim a right to appeal against an order acquitting the accused, convicting for a lesser offence, or imposing inadequate compensation. Such appeal lies to the Court to which an appeal ordinarily lies against the order of conviction of that Court.
5	Who is a 'victim' for criminal-procedure purposes?	Section 2(1)(y) BNSS defines 'victim' as a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim.
6	What is the limitation period for filing a criminal appeal?	There is no single limitation period applicable to every criminal appeal. The applicable period depends on the type of appeal, the court, the Limitation Act, 1963, and any special statute. For example, section 419 BNSS itself prescribes time limits for specified applications seeking special leave to appeal from acquittal in complaint cases. The particular appellate remedy should therefore be identified before calculating limitation.
7	When can the State appeal against an acquittal?	Section 419 BNSS governs appeals against acquittal. Among other situations, the District Magistrate may direct the Public Prosecutor to appeal to the Court of Session from a Magistrate's acquittal in respect of a cognizable and non-bailable offence. Other acquittal appeals may lie to the High Court, subject to the statutory conditions including leave where required.
8	Are appeals barred in petty cases?	Yes, section 417 BNSS restricts appeals in specified petty cases. The bar is subject to the precise sentence, court and exceptions stated in that section. The current BNSS thresholds should be checked rather than relying on the former CrPC monetary limits.
9	Can the State appeal against inadequacy of sentence?	Yes. Section 418 BNSS empowers the State Government, in cases specified by that provision, to direct the Public Prosecutor to present an appeal against a sentence on the ground of inadequacy. The Central Government has corresponding power in cases investigated by specified Central agencies.
10	Can an Appellate Court dismiss an appeal summarily?	Section 425 BNSS permits summary dismissal where, after examining the petition and copy of the judgment and after following the statutory opportunity-of-hearing requirements, the Appellate Court considers that there is no sufficient ground for interference.
11	What powers does an Appellate Court have?	Section 427 BNSS specifies the powers of the Appellate Court. Depending on the nature of the appeal, the Court may reverse findings or sentences, order retrial or further inquiry where legally permissible, alter findings, alter the nature or extent of sentence subject to statutory safeguards, or alter or reverse other appealable orders.
12	Can additional evidence be taken during a criminal appeal?	Yes. Under section 432 BNSS, if additional evidence is necessary, the Appellate Court may record reasons and either take the evidence itself or direct it to be taken by the competent court as provided in the section.
13	What is a criminal revision petition?	Revision is supervisory jurisdiction distinct from an appeal. Sections 438 to 445 BNSS govern calling for records and revisional powers of the Sessions Judge and High Court. Revision is generally used to examine the correctness, legality or propriety of qualifying findings, sentences or orders, subject to statutory restrictions including those relating to interlocutory orders.
14	Can revision be used when an appeal is available?	Revision is not a substitute for a statutory appeal. Where an appeal lies and the party could have appealed, the restrictions in the BNSS on revisional jurisdiction must be considered. The High Court and Sessions Court exercise revision only within the limits of Chapter XXXII.
15	What is plea bargaining under BNSS?	Plea bargaining is a court-supervised statutory procedure under Chapter XXIII, sections 289 to 300 BNSS. It allows an eligible accused to voluntarily seek a mutually satisfactory disposition of the case and, if the statutory process succeeds, enables the Court to dispose of the case under section 293.
16	Which cases are eligible for plea bargaining?	Section 289 BNSS generally applies where the alleged offence is not punishable with death, imprisonment for life or imprisonment exceeding seven years. It does not apply where the offence affects the socio-economic condition of the country or has been committed against a woman or a child, subject to the statutory text and notified categories.
17	How does an accused apply for plea bargaining?	Under section 290 BNSS, an eligible accused may file an application in the trial court within thirty days from the date of framing of charge. The application must include the prescribed case particulars and an affidavit stating that it is voluntary, that the accused understands the punishment, and that the accused has not previously been convicted of the same offence.
18	What benefits may follow from successful plea bargaining?	Section 293 BNSS permits compensation to the victim and consideration of probation or other applicable beneficial law. Where a minimum punishment is prescribed, the Court may impose one-half of that minimum, or one-fourth for a qualifying first-time offender. In other eligible cases, the Court may impose one-fourth of the punishment provided or extendable, or one-sixth for a qualifying first-time offender.
19	Is an ordinary appeal available against a plea-bargaining judgment?	Section 295 BNSS makes the plea-bargaining judgment final and bars an ordinary appeal, while preserving the constitutional remedies expressly stated there, including special leave under Article 136 and writ jurisdiction under Articles 226 and 227.
20	What is compounding of a criminal offence?	Compounding is a statutory settlement of an offence by the person authorised by law. Section 359 BNSS lists the compoundable offences, identifies who may compound them, and distinguishes offences compoundable without permission from those requiring permission of the Court.
21	How is an offence compounded without Court permission?	Where an offence appears in the category made compoundable without permission under section 359(1) BNSS, the person legally authorised to compound it may enter into the settlement in accordance with law. The Court should be informed where proceedings are pending so that the legal effect can be recorded.
22	How is an offence compounded with permission of the Court?	For offences listed as compoundable only with permission, an application is made before the competent Court and the Court decides whether permission should be granted under section 359 BNSS. Compounding has the legal effect stated in that section.
23	Can every criminal case be settled through mediation?	No. Mediation does not independently make every criminal prosecution disappear. Section 6 of the Mediation Act, 2023 excludes matters not fit for mediation, and criminal liability remains governed by the applicable criminal law. Settlement may be used in legally permissible matters, particularly where the offence is compoundable, and may be relevant in other proceedings where a competent court has jurisdiction to act on the settlement.
24	Is mediation voluntary?	Mediation is ordinarily consensual and the mediator does not impose a decision. Where criminal proceedings are involved, any settlement must additionally satisfy the criminal-procedure law governing compounding, plea bargaining, quashing or other lawful disposal.
25	Who may claim maintenance under the BNSS?	Section 144 BNSS permits a Magistrate of the first class, on proof of the statutory requirements, to order maintenance for a wife unable to maintain herself, qualifying legitimate or illegitimate children, and a father or mother unable to maintain himself or herself. For this Chapter, 'wife' includes a divorced woman who has not remarried.
26	How is maintenance claimed?	A proceeding is initiated by an application before the competent Magistrate under sections 144 and 145 BNSS. The applicant must establish the conditions applicable to the relevant category, including sufficient means and neglect or refusal to maintain where required by section 144.
27	When may a wife be disentitled to maintenance under section 144 BNSS?	Under section 144(4) BNSS, a wife is not entitled to maintenance or interim maintenance and proceeding expenses from her husband if she is living in adultery, refuses without sufficient reason to live with him, or they are living separately by mutual consent. The provision also recognises circumstances that may constitute just ground for refusing to live with the husband.
28	What is the time target for deciding interim-maintenance applications?	The proviso to section 144(1) BNSS states that an application for interim maintenance and expenses of proceedings should, as far as possible, be disposed of within sixty days from the date of service of notice of the application on the respondent.
29	Where can a maintenance proceeding be filed?	Section 145 BNSS permits proceedings under section 144 to be taken in a district where the respondent is; where the respondent or his wife resides; where he last resided with his wife or with the mother of the illegitimate child, as applicable; or where his father or mother resides.
30	Can a maintenance order be altered or challenged?	Section 146 BNSS permits alteration of maintenance on proof of a change in circumstances and deals with other specified consequences. A person aggrieved by a maintenance order may consider the revisional jurisdiction under Chapter XXXII and any other remedy available in law. The correct remedy and forum depend on the order and the facts of the case.

Current-law highlights

Appeals: BNSS sections 413 to 435 contain the general appellate framework. Section 424 addresses appeals by prisoners, section 425 summary dismissal, section 427 appellate powers, section 430 suspension of sentence and bail pending appeal, and section 432 additional evidence.

Revision: BNSS sections 438 to 445 govern the principal revisional framework. Revision is distinct from an appeal and is subject to statutory restrictions.

Plea bargaining: BNSS sections 289 to 300 govern plea bargaining. A qualifying application under section 290 must be filed within thirty days from framing of charge, and the process must be voluntary.

Compounding and mediation: Compounding is governed by section 359 BNSS. Mediation can facilitate settlement only where the law permits; it does not independently extinguish criminal liability.

Maintenance: BNSS sections 144 to 147 replace the corresponding CrPC maintenance framework for proceedings governed by the BNSS.

Official legal sources

For authoritative statutory text, refer to the official India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and India Code - Mediation Act, 2023. Where limitation is in issue, also verify the applicable provision of the Limitation Act, 1963 and any special enactment governing the appeal.

Disclaimer: This page is for general legal education. Appeal rights, limitation, leave requirements, forum, maintainability and settlement consequences can vary by the nature of the order, offence, proceeding, special statute and date on which the matter commenced. Verify the current statutory text and binding judicial decisions before acting.