Introduction
Appeals provide individuals a mechanism to challenge judgments or orders they find unsatisfactory. In this article, we will be studying about the key sections governing the concept of appeals under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
1. Right to Appeal (Section 413):
Section 413 of BNSS says that no appeal shall lie from any judgment or order of a Criminal Court except as provided for by the BNSS or any other prevailing law.
However, inherent right of appeal is granted to victims against orders acquitting the accused, convicting for a lesser offense, or imposing inadequate compensation.
2. Supreme Court's Authority (Section 415):
Section 415 of BNSS outlines the scenarios in which an appeal may be made directly to the Supreme Court.
3. Appellate Jurisdiction of High Courts (Section 416):
Section 416 of BNSS defines the appellate jurisdiction of High Courts, specifying the types of cases over which they have authority.
4. Restrictions on Appeals (Section 417):
Section 417 of BNSS imposes certain limitations on the right to appeal, categorically specifying cases where no appeal lies.
5. Appeal Procedure (Section 423):
Section 423 of BNSS details the procedure for filing an appeal, emphasizing the importance of a written petition accompanied by a copy of the judgment or order being appealed against.
6. Suspension of Sentence and Bail (Section 430):
Section 430 of BNSS provides provision for the suspension of the execution of a sentence pending appeal. It also grants the Appellate Court the authority to release the appellant on bail, ensuring that individuals are not unduly subjected to incarceration during the appeal process.
7. Finality of Appellate Judgments (Section 434):
Section 434 of BNSS emphasizes the finality of judgments and orders passed by Appellate Courts, instilling legal certainty in the system.
8. Abatement of Appeals on Death (Section 435):
Section 435 of BNSS introduces the concept of abatement, concluding appeals upon the death of the accused or appellant. However, recognizing the gravity of certain cases, it allows near relatives to seek leave to continue the appeal.
FAQs on appeals under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Q1: Is there provision of inherent right to Appeal under BNSS?
A1: Section 413 of BNSS grants the inherent right of appeal to victims against orders acquitting the accused, convicting for a lesser offense, or imposing inadequate compensation.
Q2: When can an appeal be made directly to the Supreme Court under BNSS?
A2: Section 415 of BNSS outlines scenarios for direct appeals to the Supreme Court under BNSS.
Q3: What is the Appellate Jurisdiction of High Courts as per BNSS?
A3: Section 416 of BNSS defines the appellate jurisdiction of High Courts, specifying the types of cases over which they have authority.
Q4: Are there any restrictions on the right to appeal under BNSS?
A4: Section 417 of BNSS imposes limitations on the right to appeal, categorically specifying cases where no appeal lies.
Q5: What is the procedure for filing an appeal under BNSS?
A5: Section 423 of BNSS details the appeal procedure, emphasizing the importance of a written petition accompanied by a copy of the judgment or order being appealed against.
Q6: How does BNSS address suspension of sentence and bail during the appeal process?
A6: Section 430 of BNSS provides provisions for suspending the execution of a sentence and granting bail during the appeal process.
Q7: What does Section 434 of BNSS emphasize regarding appellate judgments?
A7: Section 434 of BNSS emphasizes the finality of judgments and orders passed by Appellate Courts under BNSS.
Q8: How does BNSS handle the abatement of appeals on the death of the accused or appellant?
A8: Section 435 of BNSS introduces the concept of abatement, concluding appeals upon the death of the accused or appellant, with provisions for near relatives to seek leave to continue the appeal in certain cases.
Notes on appeals under BNSS (Bharatiya Nagarik Suraksha Sanhita)
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