APPEAL CHAPTER XXXI

APPEALS
Introduction
An appeal is a legal process through 413. No appeal shall lie from any judgment or order of a Criminal Court except
as provided for by this Sanhita or by any other law for the time being in force:
which a party seeks a review of a lower Provided that the victim shall have a right to prefer an appeal against any order
court's decision by a higher court. It is an passed by the Court acquitting the accused or convicting for a lesser offence or
essential feature of any judicial system to imposing inadequate compensation, and such appeal shall lie to the Court to
ensure justice and fairness. Appeals are which an appeal ordinarily lies against the order of conviction of such Court.
primarily filed in criminal cases, where
414. Any person,—
the aggrieved party (defendant or (i) who has been ordered under section 136 to give security for keeping the
prosecution) feels that the trial court's peace or for good behaviour; or
decision was flawed due to errors of law, (ii) who is aggrieved by any order refusing to accept or rejecting a surety under
fact, or procedural issues. The appellate section 140,
process allows for the correction of such may appeal against such order to the Court of Session: Provided that nothing in
this section shall apply to persons the proceedings against whom are laid before
errors, ensuring that justice is served, and a Sessions Judge in accordance with the provisions of sub-section (2) or sub-
no party is unfairly treated. section (4) of section 141.
In the Indian legal system, appeals play a
crucial role in maintaining the integrity of 415. (1) Any person convicted on a trial held by a High Court in its
the judicial process. The Bharatiya 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
Nagarik Suraksha Sanhita (BNSS), Sessions Judge or on a trial held by any other Court in which a sentence of
2023 outlines the procedures and imprisonment for more than seven years has been passed against him or against
regulations for filing and processing any other person convicted at the same trial, may appeal to the High Court.
appeals in criminal cases. The provisions (3) Save as otherwise provided in sub-section (2),
under the BNS and BNSS provide a any person,—
(a) convicted on a trial held by Magistrate of the first class, or of the second
framework to ensure that appeals are class; or
processed fairly and equitably. (b) sentenced under section 364; or
(c) in respect of whom an order has been made or a sentence has been passed
Objective of Appeal under section 401 by any Magistrate,
The primary objectives of the appeal may appeal to the Court of Session.
(4) When an appeal has been filed against a sentence passed under section 64,
process are: section 65, section 66, section 67, section 68, section 70 or section 71 of the
Correcting Judicial Errors: An appeal Bharatiya Nyaya Sanhita, 2023, the appeal shall be disposed of within a period
allows the higher court to review decisions of six months from the date of filing of such appeal.
made by lower courts. If there is a mistake
in law, fact, or procedure, the appellate 416. Notwithstanding anything in section 415, where an accused person has
pleaded guilty and has been convicted on such plea, there shall be no appeal,—
court can correct it. (i) if the conviction is by a High Court; or
Ensuring Fairness: The appeal ensures (ii) if the conviction is by a Court of Session or Magistrate of the first or
that no one is convicted or sentenced second class, except as to the extent or legality of the sentence.
unfairly. It provides an opportunity for
aggrieved parties to seek justice when they 417. Notwithstanding anything in section 415, there shall be no appeal by a
convicted person in any of the following cases, namely:—
believe they have been wronged. (a) where a High Court passes only a sentence of imprisonment for a term not
Reaffirming the Integrity of the Legal exceeding three months or of fine not exceeding one thousand rupees, or of
System: By allowing the review of both such imprisonment and fine;
judicial decisions, the appeal process (b) where a Court of Session passes only a sentence of imprisonment for a term
enhances the credibility and trust in the not exceeding three months or of fine not exceeding two hundred rupees, or of
both such imprisonment and fine;
justice system. (c) where a Magistrate of the first class passes only a sentence of fine not
Providing Legal Safeguards: Appeals act exceeding one hundred rupees; or
as a safeguard against wrongful (d) where, in a case tried summarily, a Magistrate empowered to act under
convictions and excessive sentences, section 283 passes only a sentence of fine not exceeding two hundred rupees:
ensuring that every legal right is Provided that an appeal may be brought against any such sentence if any other
punishment is combined with it, but such sentence shall not be appealable
respected. merely on the ground—
(i) that the person convicted is ordered to furnish security to keep the peace; or
Types of Appeals (ii) that a direction for imprisonment in default of payment of fine is included
There are different types of appeals in in the sentence; or
criminal law, which can be broadly (iii) that more than one sentence of fine is passed in the case, if the total
amount of fine imposed does not exceed the amount hereinbefore specified in
categorized based on the authority before respect of the case.
which they are filed:
Appeals from Magistrate to Court of 418. (1) Save as otherwise provided in sub-section (2), the State Government
may, in any case of conviction on a trial held by any Court other than a High
Sessions (Section 413, BNSS): This type Court, direct the Public Prosecutor to present an appeal against the sentence on
of appeal is filed against a judgment or the ground of its inadequacy—
order passed by a Magistrate's Court and (a) to the Court of Session, if the sentence is passed by the Magistrate; and
is heard by the Court of Sessions. (b) to the High Court, if the sentence is passed by any other Court.
Appeals from Court of Sessions to High (2) If such conviction is in a case in which the offence has been investigated by
any agency empowered to make investigation into an offence under any
Court (Section 414, BNSS): If a party is Central Act other than this Sanhita, the Central Government may also direct the
dissatisfied with a decision made by the Public Prosecutor to present an appeal against the sentence on the ground of its
Court of Sessions, they may appeal to the inadequacy—
High Court. (a) to the Court of Session, if the sentence is passed by the Magistrate; and
Appeals Against Conviction (Section (b) to the High Court, if the sentence is passed by any other Court.
(3) When an appeal has been filed against the sentence on the ground of its
419, BNSS): A convicted person may file inadequacy, the Court of Session or, as the case may be, the High Court shall
an appeal against their conviction, not enhance the sentence except after giving to the accused a reasonable
challenging the court’s judgment and opportunity of showing cause against such enhancement and while showing
seeking to overturn it. cause, the accused may plead for his acquittal or for the reduction of the
Appeals Against Sentence (Section 418, sentence.
(4) When an appeal has been filed against a sentence passed under section 64,
BNSS): A convicted person may also section 65, section 66, section 67, section 68, section 70 or section 71 of the
appeal to seek a reduction in the severity Bharatiya Nyaya Sanhita, 2023, the appeal shall be disposed of within a period
of the sentence imposed by the trial court. of six months from the date of filing of such appeal.
Appeals Against Acquittal (Section 416, 419. (1) Save as otherwise provided in sub-section (2), and subject to the
BNSS): The state or prosecution may provisions of sub-sections (3) and (5),—
(a) the District Magistrate may, in any case, direct the Public Prosecutor to
appeal against an acquittal, especially in present an appeal to the Court of Session from an order of acquittal passed by a
serious criminal cases. Magistrate in respect of a cognizable and non-bailable offence;
Appeals Against Death Sentences (b) the State Government may, in any case, direct the Public Prosecutor to
(Section 417, BNSS): A person sentenced present an appeal to the High Court from an original or appellate order of
to death can file an appeal, challenging 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.
both the conviction and the sentence. (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
Grounds for Appeal offence under any Central Act other than this Sanhita, the Central Government
Appeals in criminal cases may be filed on may, subject to the provisions of sub-section (3), also direct the Public
various grounds, such as: Prosecutor to present an appeal—
(a) to the Court of Session, from an order of acquittal passed by a Magistrate in
Errors of Law: The lower court may have respect of a cognizable and non-bailable offence;
misinterpreted or incorrectly applied the (b) to the High Court from an original or appellate order of an acquittal passed
law. For example, incorrect application of by any Court other than a High Court not being an order under clause (a) or an
the provisions of the BNS or BNSS. order of acquittal passed by the Court of Session in revision.
Errors of Fact: The appellate court may (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.
find that the trial court misjudged the facts (4) If such an order of acquittal is passed in any case instituted upon complaint
of the case, such as wrongly assessing and the High Court, on an application made to it by the complainant in this
evidence or witness testimonies. behalf, grants special leave to appeal from the order of acquittal, the
Procedural Defects: If there were complainant may present such an appeal to the High Court.
procedural mistakes during the trial, such (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
as improper admissibility of evidence or a expiry of six months,where the complainant is a public servant, and sixty days
failure to provide adequate legal in every other case, computed from the date of that order of acquittal.
representation to the accused. (6) If, in any case, the application under sub-section (4) for the grant of special
Injustice or Inequity: The appellant may leave to appeal from an order of acquittal is refused, no appeal from that order
argue that the judgment or sentence was of acquittal shall lie under sub-section (1) or under sub-section (2).
manifestly unjust or inequitable based on 420. Where the High Court has, on appeal, reversed an order of acquittal of an
the facts of the case. accused person and convicted him and sentenced him to death or to
Excessive Sentence: An appeal may be imprisonment for life or to imprisonment for a term of ten years or more, he
made on the grounds that the sentence may appeal to the Supreme Court.
handed down was too harsh or
421. Notwithstanding anything in this Chapter, when more persons than one
disproportionate to the crime committed. are convicted in one trial, and an appealable judgment or order has been passed
in respect of any of such persons, all or any of the persons convicted at such
trial shall have a right of appeal.
 422. (1) Subject to the provisions of sub-section (2), an appeal to the Court of
Instances of Appeal Session or Sessions Judge shall be heard by the Sessions Judge or by an
Additional Sessions Judge: Provided that an appeal against a conviction on a
Several instances can lead to an appeal in trial held by a Magistrate of the second class may be heard and disposed of by
criminal cases: the Chief Judicial Magistrate.
Miscarriage of Justice: If a person is (2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only
wrongfully convicted due to an error of such appeals as the Sessions Judge of the division may, by general or special
law, fact, or process, they may appeal the order, make over to him or as the High Court may, by special order, direct him
to hear.
conviction. 423. Every appeal shall be made in the form of a petition in writing presented
Unfair Trial: If the accused feels that the by the appellant or his advocate, and every such petition shall (unless the Court
trial was unfair (e.g., denial of the right to to which it is presented otherwise directs) be accompanied by a copy of the
a lawyer, biased judges, or failure to judgment or order appealed against.
consider relevant evidence), they may file
424. If the appellant is in jail, he may present his petition of appeal and the
an appeal. copies accompanying the same to the officer in charge of the jail, who shall
Wrong Sentence: If the sentence imposed thereupon forward such petition and copies to the proper Appellate Court.
is disproportionate to the crime or if
mitigating circumstances are not taken 425. (1) If upon examining the petition of appeal and copy of the judgment
into account, the convicted person may received under section 423 or section 424, the Appellate Court considers that
there is no sufficient ground for interfering, it may dismiss the appeal
appeal the sentence. summarily: Provided that—
State Appeals: The state may appeal an (a) no appeal presented under section 423 shall be dismissed unless the
acquittal if it believes that the verdict was appellant or his advocate has had a reasonable opportunity of being heard in
unjust, or if there are compelling reasons support of the same;
to believe that the acquittal was a result of (b) no appeal presented under section 424 shall be dismissed except after
giving the appellant a reasonable opportunity of being heard in support of the
a miscarriage of justice. same, unless the Appellate Court considers that the appeal is frivolous or that
the production of the accused in custody before the Court would involve such
Important Sections of the Bharatiya inconvenience as would be disproportionate in the circumstances of the case;
Nagarik Suraksha Sanhita (BNSS), (c) no appeal presented under section 424 shall be dismissed summarily until
2023 the period allowed for preferring such appeal has expired.
(2) Before dismissing an appeal under this section, the Court may call for the
The BNSS, 2023 outlines various record of the case. (3) Where the Appellate Court dismissing an appeal under
important sections regarding the appeal this section is a Court of Session or of the Chief Judicial Magistrate, it shall
process. Some of the key sections include: record its reasons for doing so.
Section 413 (Appeal to the Court of (4) Where an appeal presented under section 424 has been dismissed
Session): This section allows an appeal summarily under this section and the Appellate Court finds that another
petition of appeal duly presented under section 423 on behalf of the same
from a Magistrate’s Court to the Court of appellant has not been considered by it, that Court may, notwithstanding
Sessions. It ensures that an appeal from a anything contained in section 434, if satisfied that it is necessary in the interests
lower court is reviewed by a higher court of justice so to do, hear and dispose of such appeal in accordance with law.
with greater judicial capacity.
Section 414 (Appeal to the High Court 426. (1) If the Appellate Court does not dismiss the appeal summarily, it shall
cause notice of the time and place at which such appeal will be heard to be
from the Court of Session): This section given—
allows a person aggrieved by the decision (i) to the appellant or his advocate;
of the Court of Session to appeal to the (ii) to such officer as the State Government may appoint in this behalf;
High Court. (iii) if the appeal is from a judgment of conviction in a case instituted upon
Section 415 (Appeal Against Sentence of complaint, to the complainant;
(iv) if the appeal is under section 418 or section 419, to the accused, and shall
Imprisonment): This section enables the also furnish such officer, complainant and accused with a copy of the grounds
convicted individual to appeal if they of appeal.
believe the sentence of imprisonment is (2) The Appellate Court shall then send for the record of the case, if such
disproportionate to the crime committed. record is not already available in that Court, and hear the parties:
Section 416 (Appeal by the State Provided that if the appeal is only as to the extent or the legality of the
sentence, the Court may dispose of the appeal without sending for the record.
Against Acquittal): This allows the state (3) Where the only ground for appeal from a conviction is the alleged severity
to file an appeal against the acquittal of of the sentence, the appellant shall not, except with the leave of the Court, urge
the accused if the state believes the or be heard in support of any other ground.
acquittal is unjust or flawed.
Section 417 (Appeal Against Death 427. After perusing such record and hearing the appellant or his advocate, if he
appears, and the Public Prosecutor if he appears, and in case of an appeal under
Sentence): This section provides the section 418 or section 419, the accused, if he appears, the Appellate Court may,
provision for an appeal to be filed against if it considers that there is no sufficient ground for interfering, dismiss the
a death sentence. The appeal can be made appeal, or may—
on both the conviction and the sentence. (a) in an appeal from an order of acquittal, reverse such order and direct that
Section 419 (Appeal Against further inquiry be made, or that the accused be re-tried or committed for trial,
as the case may be, or find him guilty and pass sentence on him according to
Conviction): This section provides for an law;
appeal by the convicted individual, (b) in an appeal from a conviction—
allowing them to challenge their (i) reverse the finding and sentence and acquit or discharge the accused,or
conviction before a higher court. order him to be re-tried by a Court of competent jurisdiction subordinate to
Section 425 (Power of Appellate Court): such Appellate Court or committed for trial; or
(ii) alter the finding, maintaining the sentence; or
This section outlines the powers of the (iii) with or without altering the finding, alter the nature or the extent, or
appellate court, including the ability to the nature and extent, of the sentence, but not so as to enhance the same;
pass orders for suspension of the sentence,
bail conditions, and other decisions in (c) in an appeal for enhancement of sentence—
relation to the appeal. (i) reverse the finding and sentence and acquit or discharge the accused
or order him to be re-tried by a Court competent to try the offence; or
(ii) alter the finding maintaining the sentence; or
Case Laws (iii) with or without altering the finding, alter the nature or the extent, or,
M.D. Rajendran v. State of Tamil Nadu the nature and extent, of the sentence, so as to enhance or reduce the same;
(2023)
Facts: The appellant was convicted under (d) in an appeal from any other order, alter or reverse such order;
the POCSO Act. He appealed his (e) make any amendment or any consequential or incidental order that may be
conviction, arguing that the trial court had just or proper: Provided that the sentence shall not be enhanced unless the
misunderstood key evidence. accused has had an opportunity of showing cause against such enhancement:
Judgment: The High Court found that the Provided further that the Appellate Court shall not inflict greater punishment
trial court had misinterpreted certain for the offence which in its opinion the accused has committed, than might
have been inflicted for that offence by the Court passing the order or sentence
critical evidence, including the victim's under appeal.
testimony. The appeal was allowed, and
the conviction was set aside. 428. The rules contained in Chapter XXIX as to the judgment of a Criminal
Significance: This case emphasizes the Court of original jurisdiction shall apply, so far as may be practicable, to the
appellate court's role in reviewing judgment in appeal of a Court of Session or Chief Judicial Magistrate:
Provided that, unless the Appellate Court otherwise directs, the accused shall
evidence and ensuring that convictions are not be brought up, or required to attend, to hear judgment delivered.
supported by solid and credible evidence.
429. (1) Whenever a case is decided on appeal by the High Court under this
Rajan v. Union of India (2022) Chapter,it shall certify its judgment or order to the Court by which the finding,
Facts: Rajan appealed a conviction under sentence or order appealed against was recorded or passed and if such Court is
that of a Judicial Magistrate other than the Chief Judicial Magistrate, the High
the Arms Act, asserting that his Court's judgment or order shall be sent through the Chief Judicial Magistrate,
constitutional rights had been violated and if such Court is that of an Executive Magistrate,the High Court's judgment
during the investigation. or order shall be sent through the District Magistrate.
Judgment: The Supreme Court ruled in (2) The Court to which the High Court certifies its judgment or order shall
favor of the appellant, citing violations of thereupon make such orders as are conformable to the judgment or order of the
High Court; and if necessary, the record shall be amended in accordance
due process under Article 21 of the Indian therewith.
Constitution.
Significance: This case illustrates the 430. (1) Pending any appeal by a convicted person, the Appellate Court may,
appellate court's power to intervene when for reasons to be recorded by it in writing, order that the execution of the
a case involves violations of fundamental sentence or order appealed against be suspended and, also, if he is in
confinement, that he be released on bail,or on his own bond or bail bond:
rights. Provided that the Appellate Court shall, before releasing on his own bond or
bail bond a convicted person who is convicted of an offence punishable with
Kamal Kumar v. State of Uttar Pradesh death or imprisonment for life or imprisonment for a term of not less than ten
(2021) years, shall give opportunity to the Public Prosecutor for showing cause in
Facts: The appellant was convicted for writing against such release: Provided further that in cases where a convicted
person is released on bail it shall be open to the Public Prosecutor to file an
assault during a protest. The appeal was application for the cancellation of the bail.
filed on the grounds that there was (2) The power conferred by this section on an Appellate Court may be
insufficient evidence to support the exercised also by the High Court in the case of an appeal by a convicted person
conviction. to a Court subordinate thereto.
Judgment: The Supreme Court ruled in (3) Where the convicted person satisfies the Court by which he is convicted
that he intends to present an appeal, the Court shall,—
favor of the appellant, emphasizing the (i) where such person, being on bail, is sentenced to imprisonment for a term
right to fair trial and the need for proper not exceeding three years; or
evidence to sustain a conviction. (ii) where the offence of which such person has been convicted is a bailable
Significance: This case highlights the one, and he is on bail,
need for an appellate court to re-evaluate order that the convicted person be released on bail, unless there are special
reasons for refusing bail, for such period as will afford sufficient time to
evidence to ensure justice is served. present the appeal and obtain the orders of the Appellate Court under sub-
section (1); and the sentence of imprisonment shall, so long as he is so released
Neha Rani v. State of Rajasthan (2024) on bail, be deemed to be suspended.
Facts: Neha Rani was convicted of dowry
death. She filed an appeal claiming (4) When the appellant is ultimately sentenced to imprisonment for a term or to
imprisonment for life, the time during which he is so released shall be excluded
insufficient evidence to prove her in computing the term for which he is so sentenced.
involvement.
Judgment: The Rajasthan High Court 431. When an appeal is presented under section 419, the High Court may issue
overturned the conviction, ruling that the a warrant directing that the accused be arrested and brought before it or any
evidence presented was insufficient and subordinate Court, and the Court before which he is brought may commit him
to prison pending the disposal of the appeal or admit him to bail.
the lower court had misinterpreted the
facts. 432. (1) In dealing with any appeal under this Chapter, the Appellate Court, if
Significance: The case highlights the it thinks additional evidence to be necessary, shall record its reasons and may
appellate court's responsibility to ensure either take such evidence itself, or direct it to be taken by a Magistrate or, when
that criminal convictions are based on the Appellate Court is a High Court, by a Court of Session or a Magistrate.
(2) When the additional evidence is taken by the Court of Session or the
solid and reliable evidence. Magistrate,it or he shall certify such evidence to the Appellate Court, and such
Court shall thereupon proceed to dispose of the appeal.
Conclusion (3) The accused or his advocate shall have the right to be present when the
additional evidence is taken.
The appeal process is a critical safeguard
(4) The taking of evidence under this section shall be subject to the provisions
in the judicial system, ensuring that of Chapter XXV, as if it were an inquiry.
decisions made by lower courts are just
and free from errors. The BNSS, 2023 433. When an appeal under this Chapter is heard by a High Court before a
provides a structured and comprehensive Bench of Judges and they are divided in opinion, the appeal, with their
opinions, shall be laid before another Judge of that Court, and that Judge, after
framework for appeals in criminal cases, such hearing as he thinks fit, shall deliver his opinion, and the judgment or
offering a legal recourse for both the order shall follow that opinion: Provided that if one of the Judges constituting
accused and the state. The case laws the Bench, or, where the appeal is laid before another Judge under this section,
discussed further illustrate the importance that Judge, so requires, the appeal shall be re-heard and decided by a larger
of appeals in correcting judicial errors and Bench of Judges.
ensuring fairness in criminal justice. 434. Judgments and orders passed by an Appellate Court upon an appeal shall
be final, except in the cases provided for in section 418, section 419, sub-
section (4) of section 425 or Chapter XXXII:
Provided that notwithstanding the final disposal of an appeal against conviction
in any case, the Appellate Court may hear and dispose of, on the merits,—
(a) an appeal against acquittal under section 419, arising out of the same
case; or
(b) an appeal for the enhancement of sentence under section 418, arising out of
the same case.

435. (1) Every appeal under section 418 or section 419 shall finally abate on
the death of the accused.
(2) Every other appeal under this Chapter (except an appeal from a sentence of
fine)shall finally abate on the death of the appellant:
Provided that where the appeal is against a conviction and sentence of death or
of imprisonment, and the appellant dies during the pendency of the appeal, any
of his near relatives may, within thirty days of the death of the appellant, apply
to the Appellate Court for leave to continue the appeal; and if leave is granted,
the appeal shall not abate.

Explanation.—In this section, "near relative" means a parent, spouse, lineal

descendant, brother or sister.
Detailed Explanation on Reference
and Revision Under BNSS, 2023
The Bhartiya Nagarik Suraksha
Sanhita, 2023 (BNSS) introduces a
comprehensive framework for the legal
processes of reference and revision. These
provisions are aimed at maintaining the
accuracy and legality of judicial decisions
by subordinate courts. Below is a detailed
exploration of these processes, relevant
sections, and recent case laws.

1. Reference
A reference is a judicial process where a
subordinate court refers a specific
question of law or the validity of an Act,
Ordinance, or Regulation to the High
Court. This mechanism is used when the
court lacks the authority to independently
decide on the matter.
Relevant Sections
Section 436 - Reference to High Court on
the Validity of Laws
 Subordinate courts may refer a case
involving the validity of an Act, Ordinance, or
Regulation to the High Court if:

o The determination of its validity is

necessary for case disposal.

o The court believes the provision is

invalid but has not been declared so by the
High Court or Supreme Court.

 The reference must include the

subordinate court's opinion and reasons for
questioning the validity.

Explanation: This section ensures that

questions regarding the constitutionality of
laws are addressed by higher courts to
maintain judicial consistency and prevent
invalid decisions at lower levels.
Section 437 - High Court's Decision on
References
 The High Court, upon receiving a
reference, issues an order that binds the
subordinate court.

 Costs of reference may be assigned as

deemed appropriate.

Explanation: This section highlights the

binding authority of the High Court's
decision on references and ensures
procedural finality.

2. Revision
Revision is a supervisory mechanism
where a higher court reviews the
proceedings and decisions of a
subordinate court to ensure correctness,
legality, and propriety.
Relevant Sections
Section 438 - Revision Powers of High Court
and Sessions Judge
 The High Court or Sessions Judge can
call for and examine the record of any
proceedings before an inferior criminal court
to:

o Verify correctness, legality, or

propriety of findings, sentences, or orders.

o Ensure the regularity of proceedings.

 Powers cannot be exercised for

interlocutory (interim) orders.

 If an application is filed before one

authority (High Court or Sessions Judge), no
parallel application can be made to the other.

Explanation: This section provides robust

supervisory control to ensure justice,
while limiting frivolous or duplicate
applications.
Section 439 - Further Inquiry by
Subordinate Magistrates
 The High Court or Sessions Judge may
direct subordinate Magistrates to conduct
further inquiries into cases where:

o A complaint was dismissed under

Section 226 or Section 227(4).

o An accused was discharged without

sufficient cause.

Explanation: This ensures that unjust

dismissals or premature discharges are
addressed appropriately through further
investigations.
Section 440 - Revision Powers of Sessions
Judge
 The Sessions Judge has the authority
to revise orders similar to the High Court
under Section 438.

 Once a Sessions Judge decides on a

revision, no further revision application can
be made to the High Court by the same party.

Explanation: This section decentralizes

the revision process while avoiding
repetitive litigation.
Section 442 - Powers of the High Court in
Revision
 The High Court can exercise appellate
powers while revising cases but cannot
convert an acquittal into a conviction.

 In cases of genuine procedural

misunderstandings, a revision petition may be
treated as an appeal.

Explanation: This provision protects the

rights of the accused and aligns with
principles of natural justice.
Section 443 - Transfer of Revision
Applications
 The High Court may consolidate and
decide multiple revision applications from the
same trial or direct one court to handle all
related revisions.

Explanation: It ensures efficiency and

consistency in handling related cases.
Section 445 - Certification of Revision
Orders
 Decisions or orders passed by the
High Court or Sessions Judge in revisions must
be certified to the subordinate court for
compliance.

Explanation: This ensures that revised

orders are implemented by the subordinate
court without ambiguity.

Key Differences Between Reference

and Revision
Aspect Reference Revision

Subordinate Higher court or

Initiator
court. aggrieved party.

Validity of laws Correctness,

Focus
or ordinances. legality, and
 propriety of
proceedings.

Can be initiated
Decided only by
Authority by High Court or
the High Court.
Sessions Judge.

Supervisory
Binding order
correction of
on the validity
Outcome procedural or
of questioned
substantive
law.
errors.

Recent Case Laws

1. State of Kerala v. Abdul Hameed
(2024)
 Facts: A subordinate court referred a
question under Section 436 about the validity
of a state ordinance restricting online gaming.

 Judgment: The High Court declared

the ordinance unconstitutional, emphasizing
that legislative overreach must align with
fundamental rights.

 Significance: Reaffirmed the role of

references in ensuring constitutional
compliance.

2. Priya Sharma v. State of Rajasthan

(2024)
 Facts: The Sessions Judge, using
Section 439, directed further inquiry into a
case where the accused was discharged
without considering key evidence.

 Judgment: The Rajasthan High Court

upheld the direction for further inquiry,
stating that justice demands thorough
investigation in sensitive cases.

 Significance: Showcased the utility of

revision powers in addressing premature
dismissals.

3. Ravi Kumar v. State of Maharashtra

(2023)
 Facts: A Sessions Judge revised an
order acquitting the accused in a case of
grievous assault, citing improper
consideration of evidence.

 Judgment: The Bombay High Court

endorsed the revision under Section 440,
highlighting the need for fairness.

 Significance: Emphasized the

responsibility of Sessions Judges in ensuring
correct outcomes.

4. State of Punjab v. Manjeet Singh

(2023)
 Facts: The High Court treated a
revision petition as an appeal under Section
442, as the petitioner misunderstood the
appropriate legal remedy.

 Judgment: The court allowed the

appeal and ruled in favor of the petitioner,
ensuring substantive justice.

 Significance: Highlighted the

flexibility of courts to adapt procedural rules
in the interest of justice.

5. Aditi Verma v. State of Haryana

(2024)
 Facts: An application was made to
transfer multiple revisions arising from a
corporate fraud trial to the High Court under
Section 443.

 Judgment: The High Court

consolidated the revisions, ensuring efficiency
and consistent judgments.

 Significance: Demonstrated the

importance of Section 443 in managing
complex litigation.

Conclusion
The provisions on reference and revision
in BNSS, 2023 reflect the judiciary's
commitment to fairness, accuracy, and
justice. By empowering higher courts to
oversee and rectify errors, these processes
ensure that legal principles are upheld, and
procedural integrity is maintained. Recent
case laws underscore the dynamic role of
these mechanisms in addressing modern
legal challenges while safeguarding the
rights of all parties involved.
Inherent Power of the Court
The concept of inherent power of the
court, particularly vested in the High
Court, serves as a critical mechanism to
uphold justice, maintain judicial
discipline, and prevent abuse of legal
processes. The Bharatiya Nagarik
Suraksha Sanhita, 2023 (BNSS), which
consolidates and amends the law relating
to criminal procedure, explicitly preserves
these powers while delineating their scope
and application. The inherent powers of
courts reflect an essential aspect of
judicial independence and oversight,
which ensures fairness and procedural
rectitude.

Nature of Inherent Powers

Inherent powers are not explicitly granted
by statutes; rather, they stem from the
fundamental role and responsibility of the
courts in the justice system. These powers:
1. Are derived from the constitutional
authority of courts.

2. Enable courts to act in the absence of

specific statutory provisions where justice
demands it.

3. Are primarily exercised to correct

procedural gaps, address judicial
inefficiencies, or prevent the misuse of the
judicial process.

Under the BNSS, the inherent powers,

specifically outlined in Section 528, allow
the High Court to:
 Secure justice in cases where the
statutory framework falls short.

 Prevent the misuse of the court’s

processes by litigants.

 Ensure that procedural justice does

not overshadow substantive justice.

Scope and Extent of Inherent Powers

Preservation of High Court Powers (Section
528)
The BNSS explicitly preserves the
inherent powers of the High Court. This
section reaffirms the judiciary's authority
to:
 Issue orders or directions not
explicitly mentioned in the Sanhita.

 Remedy situations where legal

provisions are inadequate or silent.
 Maintain judicial balance in matters
involving the abuse of process or procedural
irregularities.

Superintendence and Supervisory Role

(Section 529)
Section 529 emphasizes the High Court's
superintendence over subordinate courts.
This supervisory function includes:
1. Ensuring the effective and
expeditious disposal of cases.

2. Monitoring adherence to procedural

norms and ethical conduct.

3. Preventing delays and inefficiencies

that undermine justice.

Checks on Subordinate Courts

The High Court's inherent powers extend
to monitoring and, if necessary,
intervening in the functioning of lower
courts. This supervisory jurisdiction is not
only a mechanism to correct errors but
also to ensure that justice is delivered
efficiently and without undue hardship to
litigants.
High Court’s Article 227 Mandate
The powers preserved under the BNSS
align with Article 227 of the Indian
Constitution, which grants High Courts
the authority of superintendence over all
courts and tribunals within their
jurisdiction. This constitutional
underpinning reinforces the judiciary's
inherent capacity to rectify errors,
streamline processes, and uphold justice.

Purposes of Inherent Powers

The inherent powers of the court are
essential for fulfilling its role as the
guardian of justice. The BNSS highlights
several purposes for which these powers
are exercised:
1. Preventing Abuse of Process

o Courts can act to prevent vexatious

litigation or malicious prosecution.

o These powers protect individuals

from legal harassment by ensuring that
judicial processes are not misused to serve
ulterior motives.

2. Securing the Ends of Justice

o In cases where statutory remedies are

inadequate or unavailable, courts can employ
inherent powers to ensure that justice
prevails.

o This may involve revisiting decisions,

providing interim relief, or issuing special
orders.

3. Addressing Procedural Gaps

o Legal statutes may not cover all

scenarios that arise in the course of litigation.
The court's inherent powers fill these gaps.

o For example, where procedural rules

are silent, courts can devise appropriate
measures to deal with unique circumstances.

4. Promoting Efficiency and

Fairness

o Courts use inherent powers to

streamline proceedings, reduce delays, and
ensure equitable treatment of parties.

o By addressing inefficiencies and

procedural hurdles, courts enhance the
overall effectiveness of the justice system.

5. Maintaining Judicial Integrity

o The inherent powers ensure that the

judicial process remains unbiased and ethical.

o This supervisory role is crucial for

building public trust in the judiciary.

Application of Inherent Powers

The application of inherent powers under
the BNSS manifests in diverse scenarios,
including but not limited to:
1. Quashing Proceedings

o The High Court may exercise its

inherent powers to quash criminal
proceedings that are frivolous, malicious, or
lacking in substance.

o This prevents unnecessary

harassment and ensures that only genuine
cases proceed to trial.

2. Correcting Jurisdictional Errors

o In cases where subordinate courts act

beyond their jurisdiction, the High Court can
intervene to correct the error.

o This ensures that judicial processes

are not undermined by jurisdictional
overreach or misinterpretation.

3. Providing Interim Relief

o In matters where immediate relief is

required, but statutory provisions are
insufficient, courts can use inherent powers
to provide temporary relief.

o Examples include stay orders or

protective orders in criminal cases.

4. Revisiting Procedural Decisions

o Courts can rectify procedural

mistakes or omissions made by subordinate
courts.

o For instance, if evidence is improperly

excluded or procedural rights are denied, the
High Court can intervene to ensure fairness.

5. Regulating Judicial Discipline

o The High Court can act to address

instances of misconduct or inefficiency in
lower courts.

o By ensuring adherence to ethical

standards, the judiciary upholds its credibility
and effectiveness.

Limitations on Inherent Powers

While inherent powers are broad and
essential, their exercise is not without
limits. The BNSS provides certain checks
to ensure that these powers are used
judiciously:
1. Statutory Provisions Prevail

o Inherent powers cannot override

explicit provisions of the law. Courts must
respect statutory mandates and operate
within the legal framework.

2. Guided by Justice

o The use of inherent powers must

align with the principles of justice, equity, and
good conscience.

o Arbitrary or excessive use of these

powers can undermine the legal system's
integrity.

3. No Encroachment on Legislative
Functions

o Courts must refrain from using

inherent powers to create new laws or
fundamentally alter existing ones. These
powers are meant to fill procedural gaps, not
substitute legislative functions.

4. Subject to Review

o The exercise of inherent powers is

subject to appellate or constitutional review
to ensure that it does not infringe upon
individual rights or legal principles.

Judicial Precedents and Inherent

Powers
The judiciary's inherent powers have been
shaped by landmark rulings over time.
While the BNSS codifies these powers,
their interpretation and application remain
informed by precedents:
1. State of Karnataka v. L.
Muniswamy (1977)

o The Supreme Court emphasized the

importance of inherent powers in ensuring
justice and quashing frivolous cases.

2. Madhu Limaye v. State of

Maharashtra (1977)

o This case clarified that inherent

powers must be used sparingly and only in
situations where statutory remedies are
inadequate.

3. R. P. Kapur v. State of Punjab

(1960)

o The Court outlined the circumstances

under which criminal proceedings could be
quashed using inherent powers.

4. Superintendent and
Remembrancer of Legal Affairs v.
Mohan Singh (1975)

o The judgment reinforced that

inherent powers are necessary to prevent
abuse of process and uphold justice.

Conclusion
The inherent power of the court is a
cornerstone of judicial authority, ensuring
that the legal system remains adaptive,
fair, and just. Under the Bharatiya
Nagarik Suraksha Sanhita, 2023, these
powers are preserved to enable the High
Court to act as a custodian of justice and a
guardian against procedural excesses or
inefficiencies. By addressing gaps in the
statutory framework, preventing misuse of
judicial processes, and ensuring
expeditious justice, inherent powers
underscore the judiciary's pivotal role in
upholding the rule of law. At the same
time, these powers are bound by
limitations and guided by principles of
fairness and necessity, ensuring that they
are exercised judiciously and in the larger
interest of society. The balance struck by
the BNSS between empowering courts
and safeguarding against overreach
reflects a nuanced understanding of the
judiciary's role in a democratic legal
system.

Transfer of Criminal Cases and

Execution, Suspension, Remission, and
Commutation of Sentences as per
Sections 446 to 477 of the Bharatiya
Nagarik Suraksha Sanhita, 2023
Transfer of Criminal Cases
(Sections 446 to 450)
1. Section 446 - Transfer of Criminal
Cases by the Supreme Court
This section empowers the Supreme Court
to transfer criminal cases or appeals from
one High Court to another, or from one
criminal court to another of equal or
superior jurisdiction. The power to
transfer cases is crucial in ensuring that
justice is not compromised due to local
prejudices, lack of impartiality, or
logistical issues.
Key Points of Section 446:
 Initiation of transfer: Transfers can
occur upon the request of the Attorney-
General or through an application made by
any party involved in the case.

 Conditions for transfer: The Supreme

Court can transfer cases if it believes that the
transfer will serve the cause of justice. The
reasons for transfer could include
convenience of witnesses, the likelihood of
bias, or the local political situation.

 Dismissal of frivolous applications: If

the Supreme Court finds the application for
transfer to be frivolous, it may dismiss it and
impose costs on the applicant.

 Appeals and cases: The section is

applicable to both cases and appeals under
the criminal law framework.

2. Section 447 - Transfer of Cases by the

High Court
The High Court holds the power to
transfer cases within its jurisdiction to
ensure a fair trial. A case can be
transferred from one court to another
within the same High Court jurisdiction or
from a lower court to a higher court, such
as the Court of Sessions.
Key Points of Section 447:
 Transfer within jurisdiction: The High
Court can transfer cases between courts
under its jurisdiction for reasons such as
fairness, convenience, or judicial workload.

 Application for transfer: Applications

can be made by the prosecution, defense, or
at the High Court’s initiative.

 Circumstances for transfer: Transfers

may be made due to reasons such as the
absence of a local judge, potential bias, or
judicial efficiency.

3. Section 448 - Transfer of Cases by a

Sessions Judge
The Sessions Judge has the authority to
transfer cases within his jurisdiction. This
power is exercised when the case cannot
be fairly tried in the current court or when
logistical issues arise that would impede a
fair trial.
Key Points of Section 448:
 Transfer between courts: A Sessions
Judge may transfer cases from one Sessions
Court to another or between judicial
Magistrates.

 Judicial discretion: The Judge can

transfer cases based on the specifics of the
case, including the nature of the offense and
the availability of judicial resources.

4. Section 449 - Withdrawal by Sessions

Judge
Under Section 449, the Sessions Judge can
withdraw a case from the jurisdiction of a
Chief Judicial Magistrate or an Additional
Sessions Judge and decide to try the case
himself or send it to another appropriate
court.
Key Points of Section 449:
 Transfer within Sessions jurisdiction:
A case may be withdrawn from a Chief
Judicial Magistrate and reassigned as
necessary to ensure proper adjudication.

 Judicial authority: This section

provides the Sessions Judge with discretion to
ensure that the case is heard by the
appropriate authority.

5. Section 450 - Withdrawal by Judicial

Magistrates and Executive Magistrates
This section permits Judicial Magistrates
and Executive Magistrates to withdraw
cases from subordinate courts or officers.
The objective is to ensure cases are
handled by competent authorities when
required.
Key Points of Section 450:
 Magistrate powers: Magistrates have
the power to withdraw cases within their
jurisdiction when necessary for ensuring
proper justice.

 Broader judicial control: This

provision helps centralize judicial control and
guarantees that cases are not left unresolved
due to the incapacity of lower courts to
handle them.

III. Execution, Suspension,

Remission, and Commutation of
Sentences (Sections 473 to 477)
1. Section 473 - Suspension of Execution
of Sentences
Suspension of the execution of a sentence
refers to temporarily halting the
enforcement of a sentence. The
government has the authority to suspend
sentences, either in full or in part,
depending on the circumstances.
Key Points of Section 473:
 Power of suspension: The suspension
can occur for several reasons, including the
health condition of the accused, the appeal
process, or other considerations where
immediate execution is impractical.

 Conditions of suspension: The

suspension is often accompanied by
conditions such as posting bail or maintaining
a residence in the jurisdiction.

 Judicial oversight: The Court must be

informed of any suspension, and the opinion
of the Court may be sought on the
appropriateness of suspension.

2. Section 474 - Commutation of

Sentences
Commutation is the reduction of a
sentence, for example, from the death
penalty to life imprisonment. The
government holds the authority to
commute sentences, ensuring that they are
appropriate for the offense and the
circumstances of the convict.
Key Points of Section 474:
 Commuting the death penalty: A
common application of commutation is the
conversion of the death penalty into life
imprisonment, which is seen as a more
humane option.

 Government discretion: The

government has broad discretion to commute
sentences, considering the nature of the
offense, the convict’s history, and societal
factors.

3. Section 475 - Conditions on Release

After Commutation
This section mandates that a person whose
death sentence has been commuted to life
imprisonment cannot be released until
they have served at least fourteen years in
prison.
Key Points of Section 475:
 Minimum sentence: The section sets
a minimum period of incarceration after
commutation, ensuring that the convict
serves a substantial part of their sentence
before any potential release.

 Exceptions: There may be specific

conditions under which the release can occur
earlier, such as good behavior or rehabilitative
programs.

4. Section 476 - Powers of Central

Government in Case of Death Sentences
In cases involving the death penalty, the
Central Government has a significant role
to play in deciding whether to remit or
commute the sentence.
Key Points of Section 476:
 Central Government involvement:
The government’s involvement ensures that
matters of national interest, security, and
justice are considered when deciding on life-
or-death cases.

 Joint decision-making: The section

ensures that both state and central
governments are in agreement before a
commutation or remission decision is made in
high-profile cases.

5. Section 477 - Concurrence Between

State and Central Governments
The section requires that the Central and
State governments reach an agreement
before remitting or commuting sentences,
particularly in cases of national
importance, such as offenses involving
government property, terrorism, or
organized crime.
Key Points of Section 477:
 Shared authority: Both levels of
government must work together to
determine the outcome of such serious cases.

 National security considerations: This

section is particularly relevant when the
crime involves national security or
government personnel.

IV. Conclusion
The provisions outlined in Sections 446-
477 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, provide crucial guidelines
for the fair transfer of criminal cases and
the modification of sentences. They ensure
that justice is not only administered
effectively but also equitably, considering
the rights of the accused and the interests
of society. Whether through the transfer of
cases to impartial jurisdictions or the
modification of harsh sentences, the law
balances fairness, judicial efficiency, and
the rights of all individuals involved.
These sections also reflect the evolving
approach to criminal justice in India,
where procedural flexibility and human
rights considerations are paramount. They
address the practicalities of managing
cases and sentences, ensuring that the
justice system remains fair, responsive,
and just.